Nobody can use the color magenta except T-Mobile. Excuse me? Well this was the common reaction in Holland some years ago. T-Mobile invoked the trademark rights on the color magenta and objected against the use of this color by an IT company, not direct a competitor you could say. This lead to public anger and a hilarious protest site called Free Magenta.
Obtaining a color trademark is in Europe not the easiest thing to do, the fear for broad claims is present. Therefore, a color claim must, in most cases, be accompanied with proof of acquired distinctiveness. And when you have the color mark, use it wisely.
In the United States, T-Mobile has some success in defending its trademark. Aio Wireless, a subsidiary of AT & T, was ordered by a judge to remove the color magenta from its corporate identity and communication The judge found the color dominant despite of the differences in typeface and slogans, the consumer might be confused. As you know that Aio Wireless renders the excat same services as T-Mobile, you can understand the decision.
Share this post
“Trademark protection gives freedom to do business.”