Seven-Mile Boots
X Social Media is, the agency reports on its website, “an advertising agency that specializes in Facebook and Instagram”. Founded in 2016, the company says it has successfully invested heavily for eight years to put its own X brand firmly on the map. And so now this brash Musk is thundering over that with seven-mile boots.
Confusion
According to the agency, X infringes on the word mark X SOCIAL MEDIA registered in the US in 2018. In addition, the company cites its use of the name since 2016. In the US, under circumstances, you can claim trademark rights even if a trademark is not registered. Musk was aware of our existence during Twitter’s rebranding and understood very well that consumers might confuse the names, according to X Social Media’s complaint. And then there is only one solution: Musk should quit X.
Well-stocked wallet
Still, it’s unlikely to get this far. Not because X Social Media is without a chance – not at all, in fact, it seems to me they have quite a point – but this kind of David versus Goliath case almost always ends in a settlement. The moment Musk realizes he has bad papers legally, he no doubt pulls out his well-stocked wallet. And then X Social Media, despite the “great injustice” done to them, suddenly appears willing to be bought out. And prove them wrong.
More to follow
Anyway, even if Musk does manage to tap this issue, maybe he should still keep that wallet handy. Because chances seem very good that this is not the last lawsuit X will face. On paper, at least, there are already quite a few brands X is eagerly waiting on the sidelines to snoop around in Musk’s crowded purse under the threat of a lawsuit.
Candidates
Above are just a few candidates: a small selection of the 647 trademarks X registered in the US, all of them registered for products or services that have some affinity to those of the new X.
Good luck Mr. Musk!
Bas Kist
This article (in Dutch) was published on October 5, 2023 at Adformatie
