US court rules TWEET and bird logo trademarks abandoned by X, entering public domain

A Delaware district court granted a preliminary injunction in favour of Project Bluebird, ruling that X Corp abandoned the TWEET word mark and the bird logo. The court cited the absence of either mark on X’s Apple App Store listing or the x.com home page, combined with public statements by Elon Musk repudiating the old branding. This abandonment finding releases the marks into the public domain, allowing third parties to use them without licensing or permission.

X Corp retains the TWITTER mark by continuing to reference it in parentheticals such as 'X (formerly known as Twitter)' on the App Store. The court accepted these references as bona fide trademark use, distinguishing the current platform from competitors. This narrow holding leaves the TWITTER mark in limbo: X does not actively promote it, yet the 'formerly known as' language preserves its registration for now.

The ruling is preliminary and subject to appeal or further litigation. If upheld, it creates a two-tier landscape: the TWEET term and bird logo are free for anyone to adopt, while the TWITTER mark remains under X’s control. Engineers building interoperable clients or archival tools can immediately use 'tweet' and the logo, but must still avoid the TWITTER name until a final decision is reached.

The court’s reasoning hinged on intent and actual use. X’s failure to display the TWEET mark or bird logo anywhere on its platform, combined with Musk’s public rejection of the old branding, convinced the court that X had no intent to resume use. In contrast, the TWITTER mark survived because X continues to reference it in historical contexts, preserving residual goodwill. This distinction sets a precedent for how courts may treat rebranded platforms in future trademark disputes.