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T-Mobile Sues AT&T...For Using Magenta
by Karl Bode 02:28PM Wednesday Aug 28 2013
Back in May AT&T launched AIO Wireless, a new prepaid brand that tries to distance itself from AT&T's more traditional (and for some, disliked) corporate image. Part of the brand overhaul includes a website that features adorable fonts, cozy wood grained backdrops, and occasionally the color magenta.

Click for full size
Outraged over this purportedly diabolical transgression, T-Mobile has filed a lawsuit against AT&T, claiming that AT&T is intentionally trying to confuse customers by using T-Mobile's familiar hue:
quote:
"AT&T’s subsidiary’s use of magenta to attract T-Mobile customers is likely to dilute T-Mobile’s famous magenta color trademark, and to create initial interest [and] confusion as to the source or affiliation of AT&T’s subsidiary’s business..."
This isn't the first time T-Mobile has gotten sue happy over what they believe is their color, having threatened to sue Engadget back in 2008 for daring to use the color in a mobile website font.

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Probitas

@teksavvy.com

good luck with that

I saw the logo and there is no way that could be confused with T-mobile. What's next, countries suing each other for using the color red? What a farce.
Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1

1 recommendation

Re: good luck with that

if you tried to start a delivery firm and used the color Brown, UPS would next day air you some lawyers.

Companies do get touchy about color even when the logos do not match.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

battleop

join:2005-09-28
00000

Re: good luck with that

The University of Tennessee gets testy when others use their Prisoner Orange.
Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1

Re: good luck with that

Things get even stickier when a corporation uses someone's family name and then tries to sue them for using it as a domain and a business name.

»en.wikipedia.org/wiki/Nissan_Mot···Computer

In cases like this it is near impossible to apply trademark law because you cannot tell someone they cannot use their name or own the domain of their name just because a megacorp decided to become that name on a whim.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

tshirt
Premium,MVM
join:2004-07-11
Snohomish, WA
kudos:4

assuming the logos shown are somewhat color accurate...

... the AIO color is nowhere near T-Mo "pink"

PapaMidnight

join:2009-01-13
Baltimore, MD

Re: assuming the logos shown are somewhat color accurate...

Speaking as a T-Mo customer, the color is Magenta; and that logo is not even remotely close to the color of Magenta.

Also, how could someone possibly mistake that logo for being representative of T-Mobile and Vice/Versa?
tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2
That is kind of funny, heh. TM likes to call the color "megenta" when it's obviously pink. Perhaps this is why TM "sees" AT&T's logo as being close to the same. I think it's time someone went back to kindergarden and learned their colors.

workablob

join:2004-06-09
Houston, TX
kudos:2
Reviews:
·Comcast

1 edit

1 recommendation

Trust Me

As a former Color Copier tech who has blown many a technicolor booger into a hanky and has cleaned up many a Magenta toner mess from a customer not shaking the bottle before trying to insert it that is NOT Magenta.

»tinyurl.com/nqz4v5t

Blob
--
I may have been born yesterday. But it wasn't at night.

anonome

@verizon.net

1 recommendation

Re: Trust Me

The logo color isn't very close, but large swaths of other places on their website are... and when I say "close", I mean close enough for a lawyer to care (because, after all, it's all "green" to them).
jagged

join:2003-07-01
Boynton Beach, FL

Trademark Law Excersise

Actually, per trademark law if a holder becomes aware of a potential misuse they must act and show they at least tried to prevent usage of their trademark. If the trademark holder does nothing, while being aware of misuse, they lose the right to their trademark

vpoko
Premium
join:2003-07-03
Boston, MA

Re: Trademark Law Excersise

Yes, if the trademark is actually being infringed. There's no requirement to go after people who aren't infringing, i.e., Spike Lee & Spike TV a few years ago.

PapaMidnight

join:2009-01-13
Baltimore, MD

Re: Trademark Law Excersise

Indeed. There is no infringement here to speak of that I can see.
raffoutroud

join:2010-03-31
Lynnwood, WA

1 edit

Reminds me of this

k

CrazyFingers

join:2003-10-01
Columbia, MO

Blame The Illuminati

And then there's the fact that "Magenta" isn't even a real color, it's a mental construct that our brains create to make sense of two different wavelengths of light mixing. There is no "Magenta" wavelength.
This is probably Obama's fault, somehow.
--
Burrow owl...burrow owl...

workablob

join:2004-06-09
Houston, TX
kudos:2
Reviews:
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1 recommendation

Re: Blame The Illuminati

Magenta is a real color. It is just not a spectrum color. It is our brain inventing a color for us to 'see' when our brain detects two wavelengths at opposite ends of the visible light spectrum.

Red and violet occupy a certain portion of the visible light spectrum at opposing ends.

So it's kind of a trick question.

And Yes. It was instituted by Obama during his first term.

But fascinating nonetheless.

Blob
--
I may have been born yesterday. But it wasn't at night.
Crispin

join:2003-06-04
Fairfield, OH

Magenta

Pretty sure they sued Engadget for the same thing a few years back...

Ah yes. Here it is:
»www.engadget.com/2008/03/31/deut···ontinue/
biochemistry
Premium
join:2003-05-09
92361

1 recommendation

Re: Magenta

You have failed Reading Comprehension 101.

Eddy120876

join:2009-02-16
Bronx, NY

Re: Magenta

Crispin is not totally off he just decided to show us that t-mob did actually went after engadget and provided a link. just letting you know.
biochemistry
Premium
join:2003-05-09
92361

Re: Magenta

Karl provided a link to the dslreports article about it. If you check that article, it provides the same link to Engadget that Crispin provided.

Kilroy
Premium,MVM
join:2002-11-21
Saint Paul, MN

There are millions of different magentas

As anyone in advertising knows there are millions of colors out there and you have to be very specific in which color you use. Check out this PANTONE Color Chart. There are only two actually called magenta, but there are plenty in the red area the might be close enough to be different, but look similar.

Sorry T-mobile, as long as the color is different, that's all they will have to prove.
--
"Progress isn't made by early risers. It's made by lazy men trying to find easier ways to do something." - Robert A. Heinlein

Pink_Donkey

@comcast.net

I don't give a ...



dnoyeB
Ferrous Phallus

join:2000-10-09
Southfield, MI

Lawyers Make Work

Lawyers make work for themselves. Its like software engineers creating bugs. Foolishness.
WhatNow
Premium
join:2009-05-06
Charlotte, NC

1 recommendation

Wasted money

Just think of all the towers that could be placed for what the lawyers will get paid. AT&T should sue T-mobile for using the same white background color AT&T uses.

exocet_cm
Free at last, free at last
Premium
join:2003-03-23
New Orleans, LA
kudos:3

Re: Wasted money

said by WhatNow:

Just think of all the towers that could be placed for what the lawyers will get paid. AT&T should sue T-mobile for using the same white background color AT&T uses.

I'm going to sue for using the white background. I need to pay bills.
--
"All newspaper editorial writers ever do is come down from the hills after the battle is over and shoot the wounded." - Bruce Anderson
"I have often regretted my speech, never my silence." - Xenocrates
Check out my blog: »www.johndball.com

FFH
Premium
join:2002-03-03
Tavistock NJ
kudos:5
said by WhatNow:

Just think of all the towers that could be placed for what the lawyers will get paid. AT&T should sue T-mobile for using the same white background color AT&T uses.

Just another stupid lawsuit.
--
"If you want to anger a conservative lie to him.
If you want to anger a liberal tell him the truth."

IowaCowboy
Iowa native
Premium
join:2010-10-16
Springfield, MA
Reviews:
·Verizon Broadban..
·Comcast

Just call it GoPhone mobile

Just call it GoPhone Mobile and use AT&T colors. AT&T is an image of quality and trust.

I'd rather do business with AT&T than with one of those here today gone tomorrow MVNOs. Many MVNOs have gone under like AMP'd and others leaving users with a nice expensive paperweight.

I once needed a cheap throwaway phone because my phone died and I was taking the bus (no where to plug it in) so I bought a cheap AT&T prepaid phone.
--
I've experienced ImOn (when they were McLeod USA), Mediacom, Comcast, and Time Warner and I currently have DirecTV. They are much better than broadcast TV.

I have not and will not cut the cord.

kpfx

join:2005-10-28
San Antonio, TX

Re: Just call it GoPhone mobile

said by IowaCowboy:

AT&T is an image of quality and trust.

Ah, thanks! I needed a good laugh today.

batterup
I Can Not Tell A Lie.
Premium
join:2003-02-06
Netcong, NJ

What ever happned to?



88615298
Premium
join:2004-07-28
West Tenness

Re: What ever happned to?

Michael Douglas is going to have her replace his current wife.

Gork
Ou812ic

join:2001-10-06
Bountiful, UT

Thanks T-Moblie!

... I hadn't even HEARD of your prepaid competitor AIO Wireless until this! I think I'll head over and see if they can give me a better deal than you're currently offering.

Too bad - I like T-Mobile - but not if they're going to attempt to outdo even AT&T and squander away my money on pointless and ridiculous lawsuits.
Sahrin

join:2004-05-15
Houston, TX

Subject

Last time they disagreed with AT&T they got paid $5 B, I guess they figured it was time to hit them up for more cash.

aztr0

join:2007-10-28
Brooklyn, NY

YSL vs Louboutin

Reminds me of Louboutin sueing Yves Saint Laurent for making red sole heels. Judge sided with Louboutin. Its really stupid, the idea of sueing because of a color, kinda reminds me of gangs. Can't wear red or blue... In certain neighborhoods, or else trouble will find you.