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T-Mobile Hits AT&T with Lawsuit Over Aio's Use of Magenta

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Top message:  It's not even the same color, you twerps by Globhead   Aug 28, 2013, 6:23 PM

Replying to:  Re: It's not even the same color, you twerps by netboy   Aug 28, 2013, 7:41 PM

Re: It's not even the same color, you twerps

by T Bone    Aug 28, 2013, 10:45 PM

A trademark doesn't extend to everything, everywhere, it is actually quite limited. The T-Mobile trademark on magneta only covers the logos of wireless providers. If I was to start a fruit company using the same color in my logo, it wouldn't infringe because I wouldn't be in the same business as T-Mobile.

Basically, you can trademark anything which makes your company logo look unique or distinctive. at&t has a trademark on the 'globe' other wireless carrier can use a globe in its logo, but if I were to make a kind of duct tape that had a globe in its logo, it would be okay.

Basically, the standard is 'the reasonable person', if a 'reasonable person' could possibly confuse the color of the T-Mobile logo with the color of the Aio logo, then it is an infringement, otherwise it isn't. You could totally use magneta on a car logo, because no reasonable person could confuse a car with a wireless company.

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