“Florida-Based X Social Media Sues Elon Musk’s X Platform Over Trademark Dispute, Alleges Confusion and Business Loss”
Windermere, Florida – In a recent legal development, Florida-based X Social Media has initiated a lawsuit against Elon Musk’s X platform, formerly known as Twitter, alleging trademark and service-mark infringement. The lawsuit contends that the use of the letter ‘X’ by Musk’s platform has created confusion among consumers, causing a detrimental impact on X Social Media’s business.
X Social Media asserts that it sent Musk’s company a cease-and-desist letter in August 2023, highlighting concerns about the continued use of the letter ‘X.’ This ongoing usage has allegedly led to customer confusion, resulting in a significant loss of business for X Social Media.
The legal dispute revolves around the claim that X Corp, formerly Twitter, engaged in rebranding efforts, changing its name to ‘X’ from Twitter. X Social Media contends that this rebranding has given rise to consumer confusion, as the ‘X’ in question is central to both companies’ branding.
While the logos of the two companies differ, X Social Media emphasizes that Musk’s platform frequently highlights the letter ‘X’ in its operations. The lawsuit suggests that the confusion caused by Twitter’s rebranding has already had a tangible financial impact on X Social Media, and further confusion could lead to significant financial losses.
X Corp, which Elon Musk initiated rebranding to ‘X’ in July, now faces the legal repercussions of its new name. This lawsuit could be the first of several trademark disputes anticipated over the use of the letter ‘X’ in tech branding. The letter ‘X’ appears in numerous federal trademarks held by companies like Microsoft and Meta Platforms. X Corp recently applied for its own U.S. trademarks related to this letter.
X Social Media, a Windermere, Florida-based ad agency specializing in mass-tort litigation, was founded in 2015 by Jacob and Roseanna Malherbe. They established the agency to connect residents of the Florida panhandle with attorneys in the aftermath of the Deepwater Horizon oil spill in the Gulf of Mexico. The agency claims to have used the ‘X Social Media’ name since 2016 and possesses a federal trademark for it. It further alleges that it has invested over $400 million in Facebook advertising to reach potential clients.
X Social Media’s lawsuit calls for Musk’s company to cease using the letter ‘X’ in its branding and seeks an unspecified amount of financial damages.
This legal dispute highlights the importance of clear branding and the potential consequences of rebranding efforts when companies share common elements in their names or logos. It remains to be seen how this legal battle will unfold and whether it sets a precedent for similar cases in the tech industry.
