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Court Tells Aio Wireless to Pick a Different Color

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Replying to:  Come On, Really? by ralph.el41   Feb 9, 2014, 2:26 PM

Re: Come On, Really?

by T Bone    Feb 9, 2014, 7:22 PM

Okay, we had a big brouhaha over this issue when the lawsuit was first filed. And I'll say the same thing now that I said then:

Color is extremely subjective, you might not think it is, but it is. If you doubt this, go to a paint store and look at all the different colors of paints. You'll find that there about 2,456,674 different shades just of white ALONE,, try telling the difference between them, most people can't, but there are people who can tell the difference between and will righteously indignant if offered the wrong shade 'I asked you to get me egg shell, but this is pearl, can't you tell the difference?"

Some people can spot the difference between different shades of the same color and some can't.....this fact is easy to mock, as in this famous scene in 'Mr. Blandings Builds His Dream House':

http://www.youtube.com/watch?v=7ZwOGVWqHAw »

but nevertheless it is true....some people can discern really subtle differences between colors, and some cannot.

And this isn't even taking colorblindness into the equation.

You show somebody the T-Mobile logo and the Aio Wireless logos, and ask 100 people if they can tell any difference between the colors....I GUARANTEE you that at least 1/3 of the people you ask will say that they cannot see any difference.

Given that wireless carriers distinguish themselves largely by the color of their logos, namely T-Mobile is magenta, at&t is blue and white, Verizon is red and Sprint is yellow, T-Mobile is well within its rights to defend their logo by requesting Aio to make a color change, and not only is it within their rights, but they would be foolish NOT TO do so.

Do I think that at&t was deliberately trying to create confusion with T-Mobile? No. Is it possible that a reasonable person could look at the two logos, not notice the fairly subtle difference in color, and think that maybe the two companies are connected? Yes, it is entirely possible.

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