The use of the "X" mark by X Corp. has created confusion, leading consumers to associate X Corp. with services offered by X Social Media. This is due to the similarity between the "X" mark and the social media platform it represents.
(Photo : JOSH EDELSON/AFP via Getty Images)
An aerial view shows a newly constructed X sign on the roof of the headquarters of the social media platform previously known as Twitter, in San Francisco, on July 29, 2023.
Facing Lawsuit
In an inevitable turn of events, a federal lawsuit has been initiated against Elon Musk's X Corp. regarding its recent renaming of Twitter. The lawsuit's plaintiff is X Social Media LLC, an advertising agency based in Florida, which asserts that X Corp. has violated Florida's common law on multiple fronts.
The Verge reported that this includes allegations of unfair competition, trademark and service mark infringement, along with violations of the state's Deceptive and Unfair Trade Practices Act.
It's worth noting that the X logo employed by X Social Media bears no resemblance to Musk's version of the X. In fact, XSM's X takes the form of a human-like figure with distinct arms and legs, cradling a set of scales. This symbol serves as the company's representation of its expertise in catering to clients within the legal sector.
Nonetheless, the legal complaint contends that Twitter's transition to the X brand encroaches upon X Social Media's established trademark. It asserts that Twitter's recent effort to register this mark across various domains such as social media, business data, promotion and advertising, business consulting, and market research services necessitates this legal action.
Creating Confusion
The rationale behind this move is the perceived significant and irreparable harm inflicted upon X Social Media. Furthermore, TechCrunch reported that the complaint raises an additional claim, asserting that the promotional campaigns and awareness surrounding Twitter's rebranding to X have led to consumer confusion.
This confusion stems from the possibility that individuals may mistakenly assume that X Social Media's advertising services are either endorsed by or affiliated with the entity represented by the "X" mark. X Social Media has noticed a decline in its search result ranking under its own brand name, with Google prominently featuring X Corp.'s Wikipedia page at the top of the results.
Also Read: Monetizing Tweets: X Pays Out Nearly $20 Million to Creators
The alleged overlap and unauthorized use of the. X mark have created a misconception that X Corp. serves as the origin for the services provided by X Social Media, as outlined in the company's claims. Given that X represents a social media platform, the lawsuit argues that consumers naturally blend the identities of the two entities.
According to The Hollywood Reporter, X Social Media consistently emphasizes the X component of its mark in various promotional materials, including advertisements, blogs, and newsletters with titles like "The X Blog" and "X Weekly."
The company states that it has made substantial investments in excess of $400 million in advertising efforts, with more than $2 million dedicated to cultivating brand recognition.
X Social Media conducts its advertising services under the federally registered trademark X SocialMedia," a mark it asserts exclusive usage rights for since at least 2016. This exclusive usage entitles the company to a legal presumption of incontestability.
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