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T-Mobile claim they own the colour magenta

Cease and desist letters sent to Engadget Mobile
Editor Bob
Thanks for the post. Few people will bother to click the links, however, unless they're given a brief explanation of what it's all about. See TT guidelines, posting of weblinks.

Here's a brief explanation:

endgadgetmobile.com is a website that provides breaking news about the mobile telecommunications industry. Their logo is as follows:

Click to view attachment

Meanwhile, t-mobile.com claims that they have been using magenta in their well-known branding for many years. They worry that consumers might confuse endgadget as being commercially related to T-Mobile, which it isn't, thus diluting T-Mobile's brand.

Click to view attachment

You can see T-Mobile's point.

If this here TT website were to launch a mobile service of some sort, and were to call it "TT-Mobile" with a magenta coloured logo, then you could fully expect T-Mobile's lawyers to come after us. It would only be fair.

The original legal letter is worded quite reasonably.

It's not about "ownership of the colour magenta" as given in the sensationalist headline.
Gen
I thought Telekom hadn't been allowed to trademark the color in Germany -- but the US Courts have actually allowed it. Telekom DOES own the color magenta in the US when relating to telecom stuff.

Click to view attachment

Not my original idea that picture sadly, it's an improved version of the one here: Beware: T-Mobile owns the color magenta

It's hex #ED007E btw.
thefirelane
It might also be noted, that even if T-Mobile doesn't care, or doesn't think it really infringes, they have to send a letter like this. Trademark law is structured in such a way that if you don't show you have vigorously defended your trademark in the past, you lose the right to do so in the future.

So basically, they have to do this here, because if they let this one slide, someone could commit a much more serious infringement and point to this as an example.
Allershausen
Apart from the colour though, there's not really any similarity between the two is there? The font they use is completely different and I can't see anybody confusing the two.
Janx Spirit
I don't have Paint or Photoshop but:

Click to view attachment Click to view attachment
thefirelane
QUOTE (Allershausen @ Apr 3 2008, 9:11 am) *
I can't see anybody confusing the two.

Me neither really... they probably realize there isn't any chance either... which is why they sent the legal equivalent of a friendly little letter instead of a lawsuit.

The whole thing is a non-issue really: lawyers follow standard procedure and make a bare minimum effort to achieve compliance, nerds secretly rejoice in a chance to muster their impotent nerd rage, no one else notices.
Sinderbox
QUOTE (Editor Bob @ Apr 3 2008, 9:00 am) *
If this here TT website were to launch a mobile service of some sort, and were to call it "TT-Mobile" with a magenta coloured logo, then you could fully expect T-Mobile's lawyers to come after us. It would only be fair.

Just as a short note: Eventhough this is not white and black (pun intended), the magenta logo of this site is new (and it does certainly infringe). they did it as a response/parody to the lawyers' letter. Originally they just used the colour, albeit in a gadget context.
ThreeDayGrowth
Forthwith the colour black is exclusively the property of the New Zealand All Blacks. All couples must conduct their funky business with the lights on.
Samsung
@ Gen:

Is the crap English in your post intentional? Like ... we are Germans and can't speak your Language. is to difficult for us.
KäptnKnitterbart
It's a meme thing Samsung. To wit: All Your Base Are Belong To Us
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