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dfxmatt

join:2007-08-21
Evanston, IL
reply to IPPlanMan

Re: Color Hex Code

exactly. Spot on the money here. It wasn't just the color (which I did note), it was also the plans and being in direct competition.

It's not about how the logo "looks". That wasn't the complaint at all.


Jason Levine
Premium
join:2001-07-13
USA
Except that the court document highlights just the color:

Telecommunications companies use color as an integral part of elaborate marketing campaigns to identify the sources for various consumer products and services. Familiar examples include "Verizon red", "Sprint yellow," AT&T orange," and "T-Mobile magenta."

T-Mobile seeks to protect its trademarked use of magenta from what it alleges is Aio's infringing use of a confusingly similar plum color.

.....

T-Mobole alleges that AT&T's plum - Pantone 676C - is so close to T-Mobile's trademarked magenta - Pantone Process Magenta - that it infringes the T-Mobile mark, dilutes its strength, and likely causes confusion among customers.
The ruling goes on to mention the color, not a marketing scheme or pricing structure. This lawsuit seems entirely based on T-Mobile saying "We own this color. Use it or anything similar to it and we'll sue you." If AT&T's Aio was doing other things to confuse customers, that's another issue, but this was all about the colors. T-Mobile doesn't get to claim ownership on one color and then tell everyone to stay away from every other color that they deem to be "too similar."
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-Jason Levine