Communication Breakdown
Communications from the world of, er, communications. And other stuff.
Wednesday 2 April 2008, 10:45 AM
T-Mobile trademarks colour, issues legal threats
According to the appalling display of bullying hubris letter, "the company... holds trademark protection for the use of this colour in connection with its products and services in many territories around the world".
"In order to avoid any possible confusion with the consumer regarding the origin or sponsorship of your blog, we would therefore appreciate if you would replace the colour magenta in the Engadget Mobile logo and discontinue using the color in a trademark-specific way on your website," the missive adds.
The reaction? A continuing use of magenta by Engadget, plus a heartwarming show of magenta-shaded solidarity by fellow blogs ClintonFitch.com and GearBits. Several other sites were also playing the I-am-Spartacus game for a short while, but seem to have suddenly stopped. Can't think why.
What I find funny about this bizarre threat is the fact that companies like TMob regularly pay sites to adopt their colour branding from time to time. But if they get it for free, look what happens.
PreviousComments on this post
Sad but true, and this is not an isolated incident. They have been actively and aggressively pursuing a number of companies who have magenta in their logo, and have even descended into legal arguments over "shades" of magenta.
My question is, given the unreliable/variable reproduction of color on computer screens, doesn't this bring in huge uncertainty on both sides of the issue? Isn't it possible that someone is using a "close, but non-magenta" color which on my particular monitor actually comes out looking like magenta - and if so, are they then infringing? Perhaps T-Mobile needs to start claiming trademark protection for "magenta" and all possible variations on it within a certain spectrum...
Sigh.
I always thought the bad thing was 'passing off' -- i.e. Engadget deliberately trying to look like T-Mobile. I didn't try to buy a mobile phone on Engadget's site...
I don't see why T-mobile are making this a big deal, the only legal objection they may have is 'passing off', but as Chales pointed out above, engadget are not exactly using the colours association to T-mobile's to sell anything.
Maybe their aurgument is that people might think 'Engadget iMobile' is sponsored by T-mobile, but wouldn't that be like free marketting for them?
