T-Mobile says it owns the exclusive rights to the colour Magenta

[adam]

A German court has told startup insurer Lemonade to stop using the color magenta in marketing after an objection from T-Mobile | Ad Age

A German court has told startup insurance provider Lemonade to stop using a similar shade in marketing.

adage.com

This story is crazy! Deutsche Telekom successfully got court action against an INSURANCE provider for using a 'similar' shade of Magenta to them.

Credit: Lemonade

I understand companies can trademark colours within their industries. Cadbury in the UK has their iconic purple in the confectionary industry for example.

This case seems like a huge overstep of that and according to the article it is not a one off.

What do you make of this? Do you think about trademarked colours when designing?

 

[Gummibeer]

It's an old story. Telekom did this several times already and every time with success.
1995: Telekom protected magenta color
2003: Urteil der Bundesgerichtshofs: Nur Telekom darf in Magenta werben
2008: Telekom okkupiert mal wieder Magenta

It's like Apple sueing nearly everyone with an iXyz productname or an apple as logo or everything that's somehow similar.

iPod vs. eiPOTT: Urteilsbegründung veröffentlicht

Für Wirbel hat eine einstweilige Verfügung gesorgt, die Apple gegen den Anbieter eines Eierbechers namens eiPOTT erwirkt hat. Nun liegt die Urteilsbegründung des OLG Hamburg vor – und ein Ende des Streits ist noch nicht in Sicht.

www.heise.de

 

[adam]

It's an old story. Telekom did this several times already and every time with success.
1995: Telekom protected magenta color
2003: Urteil der Bundesgerichtshofs: Nur Telekom darf in Magenta werben
2008: Telekom okkupiert mal wieder Magenta

It's like Apple sueing nearly everyone with an iXyz productname or an apple as logo or everything that's somehow similar.

iPod vs. eiPOTT: Urteilsbegründung veröffentlicht

Für Wirbel hat eine einstweilige Verfügung gesorgt, die Apple gegen den Anbieter eines Eierbechers namens eiPOTT erwirkt hat. Nun liegt die Urteilsbegründung des OLG Hamburg vor – und ein Ende des Streits ist noch nicht in Sicht.

www.heise.de

Madness! Their trademark should apply to mobile carriers only (if at all). I think that would be the case in most other countries.

DT aren’t even using the specific colour they trademarked on their homepage so you would think that would invalidate it since a trademark has to be in use. Also the other colours pink and purple DT said no to were nothing like their original.

No Magenta for you then @Gummibeer. 😋

 

[Gummibeer]

Madness! Their trademark should apply to mobile carriers only (if at all). I think that would be the case in most other countries.

DT aren’t even using the specific colour they trademarked on their homepage so you would think that would invalidate it since a trademark has to be in use. Also the other colours pink and purple DT said no to were nothing like their original.

No Magenta for you then @Gummibeer. 😋

No problem for me. But @tom should run for cover/lawyer. 😅

 

[tom]

But @tom should run for cover/lawyer. 😅

The colors I'm using are too dark for Magenta (I think/hope) 🤔

 

[Gummibeer]

The colors I'm using are too dark for Magenta (I think/hope) 🤔

Nothing is too XYZ for Deutsche Telekom! 😅😂🤣

 

[fabulousrice]

What do I do to legally "own" the color black? Would be fun

 

[xtbhyn]

What do I do to legally "own" the color black? Would be fun

Someone had a similar thought 😛
The Worlds "Blackest Black" and the Hilarious Artist Feud Behind It

 

[xtbhyn]

💡 Side project Idea 💡
Colour picker browser plugin with patent lookup 🤔

 

[Gummibeer]

💡 Side project Idea 💡
Colour picker browser plugin with patent lookup 🤔

Simple, just use a random picker out of: Apple and Deutsche Telekom. 😅😂🤣
Anyone of those will sue you for anything.^^

 

[xtbhyn]

Simple, just use a random picker out of: Apple and Deutsche Telekom. 😅😂🤣
Anyone of those will sue you for anything.^^

My mind blew when I learned that Apple tried to patent rectangles with rounded corners!

 

[ZillieZephyr]

My mind blew when I learned that Apple tried to patent rectangles with rounded corners!

Was that about Squircles? That makes literally no sense because it's supposed to a generic container.
You can't copyright something that's intended to be generic in nature.

Then again, there is little thing called H&R Block. So there are some ways to get a generic shape to claimed.

 

[xtbhyn]

Was that about Squircles? That makes literally no sense because it's supposed to a generic container.
You can't copyright something that's intended to be generic in nature.

Then again, there is little thing called H&R Block. So there are some ways to get a generic shape to claimed.

They patented "rectangle with rounded corners" for their devices 😁 As far as I can remember, Apple royally sued Samsung on this issue. However, I strongly believe this patent is only restricted to the shape of digital devices. Domino's probably won't get sued if they launch a pizza of that shape.. but hey, you never know!

 

[VickiLanger]

That is some crazy bs. They should only be able to claim the color their using. Also, how are they trademarked on a color they definitely don’t use!? All those other colors should be fair game.

I could understand if Lemonade was a phone provider, but they’re not even in the same industry. Lemonade should only have to pay attention to other insurance companies if that’s what they are.

 

[fabulousrice]

Someone had a similar thought 😛
The Worlds "Blackest Black" and the Hilarious Artist Feud Behind It

Yeah, I actually have Stuart Semple's black paint and it is indeed pretty amazing!

 

[ZillieZephyr]

Meanwhile Milton Glaser makes zero dollars off of his I Heart NY design, and Piotr Młodożeniec gets his Coexist design taken completely out of context (and also makes zero dollars off it).

I just love how corporations stress about the small stuff, but an individual artist can barely protect themselves.

 

[robcsaszar]

Oh, now I just have to include the color magenta somewhere on my site out of pure spite. 😅
I think their lawyers are getting bored and just searched for "pink websites" on Google.

 

[fabulousrice]

Meanwhile Milton Glaser makes zero dollars off of his I Heart NY design, and Piotr Młodożeniec gets his Coexist design taken completely out of context (and also makes zero dollars off it).

I just love how corporations stress about the small stuff, but an individual artist can barely protect themselves.

You're raising an excellent point. I believe a lot of unsung artists would be trillionnaires if they spent 50% of their time researching / suing others for stealing their ideas/art/etc.
It's just so vile and aggressive to actually do it and go after someone for stealing your stuff, that most artists would never do it.
However, if they're Davids attacking Goliaths, they probably should, since as we're seeing here, Goliaths never hesitate.
The world works in such ways; a powerful CEO only has to ask his legal team to "see if we can sue them for a few million" and they'll do it, whereas an artist living modestly in the countryside with a couple of chickens can get their art stolen and reproduced without permission and they'd never know what to do about it - or might not even be able to afford a lawyer at all...
Trivia: "Magenta took its name from an aniline dye made and patented in 1859 by the French chemist François-Emmanuel Verguin" - wait, maybe it's time for the French to sue anyone for using it! Where's Verguin's patent?