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story category T-Mobile Threatens Engadget For Use Of Magenta
Legal department worried customers will be confused...
(old news - 02:29PM Tuesday Apr 01 2008)
tags: legal · wireless · Oddities · T-Mobile US
Deutsche Telekom, owners of U.S. mobile carrier T-Mobile, have sent gadget blog Engadget a legal letter questioning their use of the color magenta. The German company believes that the use of the word "mobile," in conjunction with the color magenta, could confuse some users. T-Mobile tells Engadget that the letter from their legal department was "meant to simply open a dialogue":
Click for full size
As a trademark owner, from time to time Deutsche Telekom looks at usage that could lead to confusion in the marketplace. The letter sent by DT merely outlines these perspectives and is meant to simply open a dialogue. Engadget continues to pioneer forums for discussion of wireless industry developments and innovation. T-Mobile respects the role Engadget and its readers play in advancing dialog on these important topics.
Not so respected, apparently, is the intelligence of their users, who in their minds cannot differentiate a blog from a wireless carrier. Perhaps less time and money could be spent on "dialogue," and more spent on launching a U.S. 3G wireless broadband network?

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Forums » T-Mobile Threatens Engadget For Use Of Magenta
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SilverSurfer

join:2007-08-19

Ridiculous

Colors that are in general use are not trademarkable. Somebody better wake up the T Mobile's legal dpt.
permalink · 2008-04-01 14:36:43 · Reply to this

Karl Bode
News Guy
join:2000-03-02

Host:
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Re: Ridiculous

I think they are trademark-able (at least in Germany, where they accomplished this), but I believe it only applies as brand infringement when we're talking about a competing provider:

»www.techdirt.com/articles/200803···06.shtml
permalink · 2008-04-01 14:42:30 · Reply to this
firewire9999

join:2004-07-11
Livonia, MI		 Well it making some see RED.
permalink · 2008-04-01 15:19:38 · Reply to this

chlen
Ethically Challenged
Premium
join:2001-01-16
Albany, NY

2 edits
said by SilverSurfer See Profile :

Colors that are in general use are not trademarkable. Somebody better wake up the T Mobile's legal dpt.
Colors are, in fact even insulation cannot be shades of pink and blue unless it is made by Dow chemical.

Coke owns the Red shade on the bottle.

Colors are trade-marketable and carry the market area and 3 year active use policy as do all trade marks.

BTW this is part of my master's thesis.

»building.dow.com/styrofoam/what.htm

here is an example of Dow's blue trade mark.
®™* Trademark of The Dow Chemical Company ("Dow") or an affiliated company of Dow
**The color Blue is a Trademark of The Dow Chemical Company

Don't speak if you don't know.

edit - mistype
--
"He who is not afraid today to say 'no' to the repressive machinery of a criminal bureaucracy earns the right to be called a Human Being."
»lp.org/
Zion is our milk
permalink · 2008-04-01 15:40:46 · Print · Reply to this

Dogfather
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4 edits

Re: Ridiculous

If not an April Fool's joke, this one will certainly be interesting. Engaget obviously isn't selling the same product but the color could conceivably (in the twisted minds of lawyers) confuse people into thinking that T-Mobile somehow owns, contributes or endorses the site.

But in the states, I don't think T-Mobile has the color recognition of Dow Corning Pink insulation (that actually has commercials based on the color) or Cingular had with their ugly orange. Ask 100 people what color a coke can is then ask 100 people what color the T in T-Mobile is.

Also if you look at their branding history (eg on the internet way back machine) the shade of magenta they use has changed over the last few years, none being like the shade used by Engadget. »web.archive.org/web/*/http://www.tmobile.com hardly establishing the same brand identity of Coca-Cola or Owen-Corning's pink insulation.

On the flip side, T-Mobile can just end up making a bunch of influential nerds angry and more inclined to write neg article after neg article about T-Mobile. Is it really worth pissing off a lot of people to protect a portion of the trademark that may not even be enforceable.
permalink · 2008-04-01 16:53:59 · Print · Reply to this
ja2007123

join:2007-10-06
·AT&T Southeast
·Dish Network

Re: Ridiculous

i think apple owns the blog site. too many apple related articles even the worthless article from Apple is longer than any microsoft related artice. Like that time, Vista SP1 was announced, they only post one short article and another diffrent article demonstrating the iphone sdk.
permalink · 2008-04-01 18:11:38 · Reply to this
SilverSurfer

join:2007-08-19
said by chlen See Profile :

BTW this is part of my master's thesis.

»building.dow.com/styrofoam/what.htm

Congratulations. You're writing a thesis. No one in the entire history of the world before you has ever written one, so I can see why you would want to announce it.

Secondly, there is far too much case law on the matter to debate this on an intellectual/informed level with you. So let's just call it a day and conclude how very smartified you are since you are, after all, writing a thesis. (shock. gasp.)
permalink · 2008-04-01 17:45:35 · Print · Reply to this

anonnotreally

 can they counter sue for "stupidty"?
permalink · 2008-04-01 15:42:41 · Reply to this

texans20
Weapons of Masturbation
Premium
join:2002-09-28
Texas!
clubs:

Hmm

This explains why I couldn't open a cellphone account at this blog site, duh!
permalink · 2008-04-01 14:36:54 · Reply to this

dadkins
Can you do Blu?
Premium,MVM
join:2003-09-26
Hercules, CA
·Comcast

Uh oh!!!

»images.google.com/images?hl=en&q···es&gbv=2

DAMN! mega-suit ahead!
--
Think outside the Fox... Opera
permalink · 2008-04-01 14:39:32 · Reply to this

GOLFnSUN
Enjoy the sun
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Re: Uh oh!!!

I like this web page making fun of t-mobile:

Snapped 2008-04-01 14:57:11

»www.freemagenta.nl/?page_id=121
permalink · 2008-04-01 14:58:44 · Reply to this

dadkins
Can you do Blu?
Premium,MVM
join:2003-09-26
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·Comcast

Re: Uh oh!!!

said by GOLFnSUN See Profile :

I like this web page making fun of t-mobile:

Snapped 2008-04-01 14:57:11

»www.freemagenta.nl/?page_id=121

LMAO! OWNED!
--
Think outside the Fox... Opera
permalink · 2008-04-01 19:33:31 · Print · Reply to this
majortom1029

join:2006-10-19
Lindenhurst, NY

lol engadget

engadget reply is even better. for today they made their background magenta lol.
permalink · 2008-04-01 14:41:56 · Reply to this

Nightshade
sic semper tyrannis
Premium
join:2002-05-26
Salem, OR

John Deere Green...

...Meet T-Mobile Magenta!

But seriously is this for real? Isn't T-Mobile aware that magenta is also used as one of the colors in almost every bubble jet and color laser printer I can think of. What they are going to do next? Go after every single bubble jet and color laser printer manufacture for using magenta toners and inks.

Legal letters are not meant to open a dialog. It is meant to communicate legal matters. It is obvious T-Mobile doesn't respect the intelligence of their customers and the public in general.
--
True Happiness Must Come From Within
permalink · 2008-04-01 14:42:53 · Print · Reply to this

NetFixer
Freedom is NOT Free
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Re: John Deere Green...


permalink · 2008-04-01 20:31:59 · Reply to this

crazy77777777

@pacbell.net

April 1 folks. April 1.

Remember the day.
permalink · 2008-04-01 14:52:11 · Reply to this

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
·Comcast

Do the Time Warp Again

Who else thought that Engadget would be held hostage by these guys?
permalink · 2008-04-01 14:53:34 · Print · Reply to this

ninjatutle
Premium

join:2006-01-02
San Ramon, CA
·Sprint Mobile Broa..

Dibs on Cyan

yippie
permalink · 2008-04-01 14:54:51 · Reply to this

EchoD
Moon Dust High
Premium
join:2004-01-06
Jamestown, NY

Re: Dibs on Cyan

I've got Yellow...
permalink · 2008-04-01 14:56:40 · Reply to this

sitrix

join:2002-04-15
Tacoma, WA		 Alright, guess I'll have to settle for black. Now all text will have to be in white or blue, well... at least till somebody gets them too.
permalink · 2008-04-01 15:06:46 · Reply to this

Killa200
Premium
join:2005-12-02
Spring City, TN		 i suppose i'll claim key then, yay key!
permalink · 2008-04-01 15:36:24 · Reply to this

ninjatutle
Premium

join:2006-01-02
San Ramon, CA
·Sprint Mobile Broa..

RGB is still up for grabs.
permalink · 2008-04-01 16:27:15 · Reply to this
Skippy25

join:2000-09-13
Hazelwood, MO		 Guess that leaves me with black. Sweet!!
permalink · 2008-04-01 20:52:03 · Reply to this

bhayman

join:2002-01-24
Greenville, PA

I'm waiting for someone to yell

APRIL FOOL
permalink · 2008-04-01 15:11:03 · Reply to this

n2jtx

join:2001-01-13
Glen Head, NY
·Optimum Online

I wonder...

I wonder if Orange would have gone after them if that spelled Mobile in Orange colored letters. This is getting pretty stupid. As long as they do not mimic the registered graphic "T" they should be able to use magenta to their hearts content.
--
I support the right to keep and arm bears.
permalink · 2008-04-01 15:11:56 · Reply to this

bugganon

@comcast.net

Hands OFF!

Stay away from Magenta you thieving thieves!
permalink · 2008-04-01 15:14:18 · Reply to this

cableties
Premium
join:2005-01-27

Um..April Fools!

permalink · 2008-04-01 15:43:06 · Reply to this
Lord_Black

join:2006-07-08
Walnut, CA

HA HA HA!

This has to be an April Fools Joke. I'm on guard this year. Won't fool this time all you www sites!
permalink · 2008-04-01 15:46:59 · Reply to this
sjr

join:2006-08-27
Osseo, MN

The internet nerds are slipping

If this is the best that passes as an April Fool's story this year the internet nerds are seriously slipping in quality of joke stories.
permalink · 2008-04-01 16:04:30 · Reply to this

Speedy8
Premium
join:2002-08-22
Alliance, OH
clubs:

Re: The internet nerds are slipping

Actually it's real, they posted this news yesterday.
permalink · 2008-04-01 16:20:47 · Reply to this

Smith6612
Premium
join:2008-02-01
united state
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1 edit

haha...

Is it time to take the banhammer out yet? Trademarking a color is impossible to do as it'd put everyone including the company's employees under use of it because everything contains colors now a days. Besides, my printer has a Magenta ink tank in there so I couldn't be able to use that tanks, and in result, have no red tones on my printer. Ever hear of a crayon? :P
permalink · 2008-04-01 16:14:02 · Reply to this

KSUJace
Golden Flash

join:2001-12-01
Chicago, IL

Engadget added more Magenta

If you look at endgadget.com today it appears out of spite they have made their entire background magenta. Good stuff
permalink · 2008-04-01 18:30:27 · Reply to this

Anonymous
Premium
join:2004-06-01
IA
·Mediacom

LOL

Click for full size
True story or not this logo is funny.
permalink · 2008-04-01 19:07:08 · Print · Reply to this

burgerwars

join:2004-09-11
Northridge, CA
·voip.ms
·RoadRunner Cable

1 edit

I think I'm going to trademark a color.

Tomorrow I think I'm going to trademark the color red. Anyone who uses red must cease-and-desist or pay me plenty for trademark infringement. I will, though, out of the goodness of my heart, give everyone who's blood is red 90 days to change their blood color. After 90 days, that's it! I'm going to sue the bloody !@^*%#! out of you.
permalink · 2008-04-01 19:36:57 · Reply to this

ebb0ts
Premium
join:2008-01-14
Tucson, AZ

Magenta ?

Cant be true must be April fools.. course T-Mobile has been March and May fools in the past....more important than building out your network??
permalink · 2008-04-01 20:09:33 · Reply to this

KSUJace
Golden Flash

join:2001-12-01
Chicago, IL
·Comcast
·Sprint Mobile Broa..

unfortunately ... this isn't an april1 joke

this news was out a few days ago , before the jokey april 1 day. you can also see copies of the letter at bgr and gizmodo and other sites.

»www.product-reviews.net/2008/04/···magenta/
permalink · 2008-04-01 22:37:16 · Reply to this
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