Elon Musk’s X Corp sued by another social network company named X

Company says it ‘already suffered loss in revenue that correlates with X Corp.’s rebrand’

Vishwam Sankaran
Tuesday 03 October 2023 05:33 BST
Related video: Elon Musk’s X facing claim it disabled feature that let users report misinformation on elections

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Elon Musk’s X Corp, the company formerly known as Twitter, is being sued by another social network also named X, a lawsuit filed in a federal court revealed.

The lawsuit, filed by a Florida-based ad agency X Social Media LLC, alleged that the popular social media platform violates Florida common law because of “unfair competition and trademark and service mark infringement”.

It also accused the company owned by Mr Musk of violating Florida’s Deceptive and Unfair Trade Practices Act (FDUPTA).

The accusing company said it has existed in the American state with its registered trademark as “X SOCIALMEDIA” continuously since 2016.

It said it has existed as “a vanguard in utilizing social media and marketing technology to connect consumers with legal services in situations where those harmed would otherwise remain voiceless and without remedy”.

The Florida-based company, founded in 2015 by entrepreneur Jacob Malherbe, said its “distinctive” and “dominant” letter “X” is used to signify the beginning of a life-changing journey towards justice.

The ad firm said its ”X” mark is successfully associated with its social media advertising services, adding that it has invested “over $2m to date” in building brand awareness and reaching consumers.

It argued that it has “already suffered loss in revenue that correlates with X Corp’s rebrand and use of the mark ‘X’.”

“In addition to the symbolic emphasis of the ‘X’, X Social Media frequently emphasizes the ‘X’ portion of its mark throughout its advertising, blogs, and newsletters highlighting its work,” the company said.

“X Corp’s use of the ‘X’ mark and recent attempt to register the mark in association with social media, business data, promotion and advertising, business consulting, market research services, and advertising services necessitates this action because its conduct has caused and will continue to cause serious irreparable harm to X Social Media,” the ad agency says.

It remains to be seen how X Corp would respond to the lawsuit.

X Corp did not immediately respond to The Independent’s request for comment.

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