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Court Tells Aio Wireless to Pick a Different Color

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Come On, Really?

ralph.el41

Feb 9, 2014, 2:26 PM
Customers would need to be color-blinded or very dumb to not notice the diference.
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andrewbearpig

Feb 9, 2014, 6:58 PM
They could tell by you know.. those BIG LETTERS THAT SAY T-MOBILE!!
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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...
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andrewbearpig

Feb 9, 2014, 8:05 PM
That is nice and all... I understand and agree but, If you can't read or see that aio=/= t-mobile...
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johnhr2

Feb 10, 2014, 12:11 PM
but people do understand that some networks use other companies network so they might think aio = t-mobile network.
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T Bone

Feb 10, 2014, 8:42 PM
Obviously Aio doesn't say 'T-Mobile' but it is unreasonable to assume that there is a connection based on a similar logo, AIo isn't T-Mobile, but maybe it is an affiliate or MVNO of T-Mobile. That's not an unreasonable assumption.


You need to understand that most people don't really know a lot about these companies, you and I do because this is our job or hobby, but most people couldn't care less. At present I am working a the 'Wireless Center' in Walmart, where I am responsible for selling phones and service for about 10 different companies. Every person that comes in, I ask them to name their wireless carrier and about half of them will say that they don't know.....I have to look at the phone, see the logo and TELL THEM who their c...
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ralph.el41

Feb 10, 2014, 11:12 AM
OK, I agree that some people might issues telling one color to another and I admit taht they kinda look alike, but I think that the name and logo are very diferent, thats why I think if someone gets them confused, well they've gotta be very stupid. Now, I dont know how Marketing works, but I know It has something to do with this and this type of customers are the main target.
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johnhr2

Feb 10, 2014, 12:13 PM
I think the biggest fear for T-mobile is people will think aio = t-mobile network, since a lot of people know about mvno as, one company using another companies network. That's my 2 cents.
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KOL4420

Feb 10, 2014, 1:33 PM
You are very right. Funny that it took this long for the court to make a very obvious ruling on this situation.

I wonder what color are they going to chose now? probably light blue? ;P
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T Bone

Feb 10, 2014, 8:54 PM
But companies DO indeed tend to use similar colored or designed logos for their affiliate companies.

Back before Steve Jobs returned as CEO in 1998, Apple used to license the Mac OS to other companies and there were Mac 'clones' all over the place. The way that a consumer could tell that a particular computer was a Mac clone was by the fact that the logo on the computer was a kind of fruit, it might be a pear instead of an apple, or a pineapple or a banana, the rule was 'if there is a fruit on the computer of any kind, the computer run the Mac OS',,,

So the deliberately marketing strategy was that 'similarity in the logo implies a connection between the products'...

And this isn't the only example of this....if you go to a sup...
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DarkStar

Feb 10, 2014, 3:03 PM
ok what about Verizon and Virgin Mobile. They both start with V and they both use Red and White?
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T Bone

Feb 10, 2014, 8:57 PM
I'm not a member of the Verizon board of directors so I can't answer why they haven't filed suit, maybe Verizon doesn't have a trademark on the use of red the same way that T-Mobile has a trademark on magenta, or maybe they just think that the logos are distinct enough that they don't worry about it....or maybe they figure that the connection between Virgin Mobile and Sprint is widely enough know that confusion is unlikely....

I can't tell you their reasoning...but I can tell you that if Verizon wanted to file suit they would probably win.
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DarkStar

Feb 12, 2014, 1:59 AM
So T-Mobile has a trademark on the color Magenta? So if I use that color in my blog they can sue me?
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