WiiJing
| von: wiesengrund | 10. Nov, 10:44
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Betr.: Magenta
No, but come on, I heard T-Mo's been suing everyone that dares to use magenta.
Really? From everything we can find, it's only sued two companies over the use of RAL 4010, and both were in Germany. One of them was a competing cell carrier, even. Are you sure you're not getting over-excited, here?
Don't get too smug, lawyer-boy. You might get some on your spats.
Fine. Let's say, hypothetically, that you're using magenta on your website and T-Mobile decides to drag you into court. In order to prove that you're infringing its magenta trademark, it's going to have to demonstrate that:
* You're using "their" magenta
* You're using it to sell, distribute, or advertise a telecommunications product
* The way you're using it is likely to deceive or confuse consumers into thinking T-Mobile is somehow involved.
Now, to analyze that last part, a court would balance out several factors, including:
* The strength of T-Mobile's magenta trademark -- how distinctive it is
* The similarity of your use to T-Mobile's use
* The similarity of your products
* Whether or not people are actually confused
* Whether or not you're straight-up trying to trick people into thinking you're affiliated with T-Mobile
* The sophistication of consumers in the telecommunications market
So in order to "own" magenta and enforce its trademark against you, T-Mobile would basically have to prove that you're advertising or selling a telecommunications service with a super similar shade of magenta that everyone recognizes as being T-Mobile's in a way that makes people think T-Mobile is affiliated with you. You're not doing that, are you?
Um, no.
So what's the problem, then?
| von: wiesengrund | 10. Nov, 10:32
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