X Social Media Sues the Former Twitter for Trademark Infringement
X Corp., formerly Twitter, through its use of the “X” mark, caused irreparable harm to X Social Media, a marketing company that began using its “distinctive and dominant letter ‘X’ eight years ago," the company said Monday in a trademark…
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infringement complaint (docket 6:23-cv-01903) against X in U.S. District Court for Middle Florida in Orlando. Twitter launched a rebrand campaign in July, when it adopted the “X” as the brand for its social media platform, and its use and attempt to register the mark for social media, business data, promotion, advertising and market research services has and will continue to cause “serious” harm to X Social Media, said the plaintiff. X Social Media invested over $400 million in advertising to ensure that potential victims are aware of potentially dangerous goods and services, along with potential avenues for redress if they have been harmed, said the plaintiff. It also invested over $2 million in building brand awareness and reaching consumers, it said. X Social Media’s messaging and use of social media and data analytics to help law firms helped it grow; INC 5000 ranked X Social the 159th fastest growing private company in the U.S. in 2020, it said. The plaintiff registered “X SocialMedia” with the U.S. Patent and Trademark Office for use in association with advertising services, the complaint said. X Corp. made international filings for “X” in March, using the filings as the basis for seven applications before the USPTO, the plaintiff said. The media coverage and attention generated by the former Twitter’s X launch “quickly caused reverse confusion and led consumers to believe that X Social Media’s advertising services are being offered by or are associated with X Corp.,” the complaint said. Consumers “naturally conflate X SocialMedia’ as X Corp.’s social media platform,” it said, and media outlets covering Twitter’s rebrand use “the X SocialMedia Mark in its entirety in headlines while referencing X Corp.,” it said. A “simple Google Search” for “x social media” leads to a Wikipedia listing for X Corp., the complaint noted. X Social Media tried to resolve the trademark infringement via a cease-and-desist letter to X Corp. before filing the action, but that company declined to cease using the "X" mark and “continued to disregard the rights of X Social Media,” it said. The suit also claims unfair competition under Florida law, violation of the Florida Deceptive and Unfair Trade Practices Act, and common law trademark and service mark infringement. The suit seeks a permanent injunction enjoining X from marketing or selling services bearing the “X” mark; an order requiring X Corp. to publish “corrective advertising” to correct consumer confusion over the marks; and an order requiring X to account to X Social Media all profits resulting from its use of "X," plus damages, attorneys’ fees and costs.