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T-Mobile demand Lemonade to stop using the color magenta

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Re: T-Mobile demand Lemonade to stop using the color magenta

#11

Post by mc32 »

Yuval_Halevi wrote: post #7
kuschku wrote: post #2

This might seem like overreach, but is just a natural consequence of trademark laws. If you can trademark a name as simple as "apple", and if you can trademark an icon as simple as 4 squares of identical size and shape next to another (windows/microsoft), then it becomes quite obvious that colors are treated the same. In the end, trademark laws as a whole will have to be reformed, but this is just a natural consequen…

Well, there is a thing called colormark, But as far as I know, color marks apply to companies from the same industry. T-Mobile and Lemonade are not in the same industry therefore, Lemonade should be able to use Magenta.

Even trade marks are like that thus Toyota Lexus and Lexis Nexus can coexist, though a court case had to settle that dispute.

Re: T-Mobile demand Lemonade to stop using the color magenta

#13

Post by lotsofpulp »

slenk wrote: post #8
code4tee wrote: post #4

Unfortunately they have to do this if they don’t want to lose the trademark. You can’t trademark something if it’s deemed to be of common use. Of course if your trademark is a color then this can be quite difficult.

I am more amazed that they issued that patent in the first place. edit - sorry, mistake, I meant trademark. I didn't know that wording mistakes were downvoted so harshly. I am amazed they can even claim a trademark over magenta, is that better?

Trademarks are not patents.

Re: T-Mobile demand Lemonade to stop using the color magenta

#14

Post by soamv »

They're not even using the same pink! So this isn't just a usual "trademarks just work this way" thing, it's also a question of how much of the colorspace a trademark can own.

The techcrunch article is a bit more informative -- https://techcrunch.com/2019/11/04/lemonade-gets-a-nastygram-...

Re: T-Mobile demand Lemonade to stop using the color magenta

#16

Post by Someone1234 »

Yuval_Halevi wrote: post #7
kuschku wrote: post #2

This might seem like overreach, but is just a natural consequence of trademark laws. If you can trademark a name as simple as "apple", and if you can trademark an icon as simple as 4 squares of identical size and shape next to another (windows/microsoft), then it becomes quite obvious that colors are treated the same. In the end, trademark laws as a whole will have to be reformed, but this is just a natural consequen…

Well, there is a thing called colormark, But as far as I know, color marks apply to companies from the same industry. T-Mobile and Lemonade are not in the same industry therefore, Lemonade should be able to use Magenta.

They both sell insurance, so one could argue they are in the same industry. Unless we're going to sub-divide insurance between Home/Car and Phone.

Re: T-Mobile demand Lemonade to stop using the color magenta

#18

Post by jascii »

Yuval_Halevi wrote: post #7
kuschku wrote: post #2

This might seem like overreach, but is just a natural consequence of trademark laws. If you can trademark a name as simple as "apple", and if you can trademark an icon as simple as 4 squares of identical size and shape next to another (windows/microsoft), then it becomes quite obvious that colors are treated the same. In the end, trademark laws as a whole will have to be reformed, but this is just a natural consequen…

Well, there is a thing called colormark, But as far as I know, color marks apply to companies from the same industry. T-Mobile and Lemonade are not in the same industry therefore, Lemonade should be able to use Magenta.

According to the article, there might be a problem there as T-Mobile does offer several forms of insurance: Things like mobile device insurance and cybersecurity insurance.

Re: T-Mobile demand Lemonade to stop using the color magenta

#19

Post by Bagel »

Yuval_Halevi wrote: post #7
kuschku wrote: post #2

This might seem like overreach, but is just a natural consequence of trademark laws. If you can trademark a name as simple as "apple", and if you can trademark an icon as simple as 4 squares of identical size and shape next to another (windows/microsoft), then it becomes quite obvious that colors are treated the same. In the end, trademark laws as a whole will have to be reformed, but this is just a natural consequen…

Well, there is a thing called colormark, But as far as I know, color marks apply to companies from the same industry. T-Mobile and Lemonade are not in the same industry therefore, Lemonade should be able to use Magenta.

The issue the article points to is both companies provide insurance products: Lemonade for renters and T-Mobile for its own handsets. I’m not convinced the average consumer would be confused by the two, however.
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