Engadget Mobile Threatened For Using T-Mobile's Trademarked Magenta

from the morons-in-a-hurry dept

Mon, Mar 31st 2008 2:24pm — Mike Masnick

We've certainly seen some dumb trademark lawsuit threats lately, but T-Mobile parent Deutsche Telekom's supposed threats to Engadget may take the cake. It's not that extraordinary for a company to trademark a distinct color that it uses in its logo, and that's exactly what T-Mobile did last year with a trademark (in Germany only) on the color magenta. Now, it's important to realize that this doesn't mean T-Mobile "owns" that color or can forbid anyone else from using it. It really just means that competing providers offering similar goods and services might run into trouble for using the same color, potentially leading to consumer confusion. When this news broke, plenty of people got up in arms, suggesting that T-Mobile "owned" magenta, which just isn't true. However, it does look like its lawyers think it gives them rights far beyond what it actually does.

According to Engadget, Deutsche Telekom lawyers have sent a nastygram to Engadget, because the blog uses magenta in the logo for its sister site, Engadget Mobile. Of course, it's hard to believe that anyone would go to Engadget Mobile and believe it was somehow affiliated with T-Mobile. The logos are quite different, and the services they offer (obviously) are totally unrelated. In fact, this whole thing seemed so ridiculous that I assumed it was an April Fool's joke -- though the folks at Engadget insist it's not. And, if you want icing on the cake, last year Engadget was one of a few sites that defended T-Mobile for its magenta trademark when it became news last year.

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Filed Under: engadget, engadget mobile, magenta, mobile service, trademarks
Companies: deutsche telekom, t-mobile

12 Comments

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Jake, 31 Mar 2008 @ 3:23pm

Jeremy called it!
Check out the link.
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Eric the Grey, 31 Mar 2008 @ 4:03pm

Heh.
Their comparison chart is a riot, but perhaps it just might prevent those few confused people from mistaking one from the other.

EtG
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Hidden Force, 31 Mar 2008 @ 5:07pm

Color Tit-for-Tat
Perhaps EngadgetHD should respond by sending a nastygram to Deutche Telekom demanding that T-Mobile stop using the color gray in their logo because EngadgetHD already uses that color in *their* logo.

What the heck? It makes as much sense as DT's nastygram.
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Anonymous Coward, 31 Mar 2008 @ 5:17pm

Using HTML notation from each company's respective websites.

Engadget: #ed008c
T-Mobile: #e10370

They are totally different colours. This threat is completely unfounded.
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JK, 31 Mar 2008 @ 5:43pm

What's next?
Is McDonalds going make the smell of hamburgers its trademark?
What's the hex notation for that?? #293aea23??
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Matt, 1 Apr 2008 @ 5:36am

Echo Chamber Over-reaction
Sheesh-- did you guys even read the letter from T-Mobile? It wasn't a cease and desist. It was bringing up their concern and asking Weblogs if they'd be willing to change the logo color. T-Mobile and Engadget MOBILE *are* similar in that they are both in the wireless space, although obviously not the same business.

I agree with the sentiment that Engadget Mobile needn't change their logo color, but everyone is really over-reacting. I thought the letter was quite civil and professional. The Engadget (and blog) response, however, was childish.
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Jake, 1 Apr 2008 @ 6:45am

Re: Echo Chamber Over-reaction
Actually, in all fairness to T-Mobile, I have met people capable of making that kind of mistake.
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Cygnus, 1 Apr 2008 @ 7:15am

Re: Echo Chamber Over-reaction
>>
>> but everyone is really over-reacting.
>>

Isn't that the modus operandi of this site?

BTW, colors are subject to trademark protection. Because the letter does not reference a registration number, I doubt that T-Mobile has a registration for the color. However, if it does, confusion as to sponsorship would not be an incredible reach in this case.
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Bryan L., 1 Apr 2008 @ 7:52am

They should sue printer manufacturers for aiding and abiding unlawful use of their color. That's where the real money is!
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William Jackson, 1 Apr 2008 @ 10:27am

engadget's response
check out engadget's response
http://www.engadget.com/2008/04/01/painting-the-town-magenta/
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Bawb, 1 Apr 2008 @ 12:01pm

I'm betting on some April tomfoolery. Take the "This isn't an April fool's joke for reals" lightly.
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conor, 1 Apr 2008 @ 5:03pm

Deutsche Bags...
Deutsche Bags...
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