I hate when I buy renters insurance only to find out it’s a national cellphone carrier...
Maybe Lemonade (insurance) should sue Lemonade (buffet restaurant) for word infringement. Then they can sue someone else. Eventually it will loop back to T-Mo.
T-Mobile demand Lemonade to stop using the color magenta
81–90 of 158 posts
Re: T-Mobile demand Lemonade to stop using the color magenta
#82This is incredibly ridiculous. If a color can be owned by a trademark, what’s to prevent a particular audio frequency being trademarked, or a particular temperature, or a particular luminosity? What if my construction company trademarked “8 meters” — could I go and sue everyone who builds 8-meter-high buildings from then on? Good on Lemonade for fighting it. But something is really wrong with the world when claims li…
Not too ridiculous. With Trademark law, companies have to protect their trademarks, or risk losing their trademark. Pretty standard in the US.
> Can I Lose My Trademark Rights If I Don’t Sue Infringers?
>
> The short answer is “No,” a trademark owner does not have to sue every single infringer, and the failure to do so in an isolated case of infringement will likely not result in abandonment.
https://www.dbllawyers.com/can-lose-trademark-rights-dont-su...
Re: T-Mobile demand Lemonade to stop using the color magenta
#83For some background, the reason these laws exist is to protect consumers from counterfeiters. If someone produces jewelry in a clean baby blue box, customers will start to expect that same level of quality, etc. They will be ripped off if someone else uses the same packaging but a low quality product. However many things have to be considered from the consumers perspective. Is there likely confusion? Is one of the ma…
I'm so sorry to do this, but it's "counterfeiters".
The post title itself has a worse one. Should be either:
T-Mobile demand Lemonade stop using the color magenta
T-Mobile demand that Lemonade stop using the color magenta
Re: T-Mobile demand Lemonade to stop using the color magenta
#84Earlier quoted context omitted.
Not too ridiculous. With Trademark law, companies have to protect their trademarks, or risk losing their trademark. Pretty standard in the US.
For reasonable ideas about what constitutes the trademarks, which a color and all nearby shades alone is not. To me, T-mobile's mark is the color and the logo. But pink alone does not scream "T-mobile" to me.
My point was simply trademark fights are common, and not all that ridiculous.
Re: T-Mobile demand Lemonade to stop using the color magenta
#85This is incredibly ridiculous. If a color can be owned by a trademark, what’s to prevent a particular audio frequency being trademarked, or a particular temperature, or a particular luminosity? What if my construction company trademarked “8 meters” — could I go and sue everyone who builds 8-meter-high buildings from then on? Good on Lemonade for fighting it. But something is really wrong with the world when claims li…
Can I trademark #ffffff? And then sue everyone who uses white paper?
Re: T-Mobile demand Lemonade to stop using the color magenta
#86Earlier quoted context omitted.
Not too ridiculous. With Trademark law, companies have to protect their trademarks, or risk losing their trademark. Pretty standard in the US.
> Can I Lose My Trademark Rights If I Don’t Sue Infringers? > > The short answer is “No,” a trademark owner does not have to sue every single infringer, and the failure to do so in an isolated case of infringement will likely not result in abandonment. https://www.dbllawyers.com/can-lose-trademark-rights-dont-su...
Continuing from your article.
> However, the failure to take action in the face of widespread infringement could significantly impact a mark owner’s rights.
> It is for this reason that many larger companies that invest heavily in their trademark portfolios err on the side of caution in pursuing infringers.
This reads like a risk to me.
Re: T-Mobile demand Lemonade to stop using the color magenta
#87Earlier quoted context omitted.
You sound surprised that it is possible to trademark a color. This has been part of intellectual property law for quite some time: https://en.wikipedia.org/wiki/Colour_trade_mark I'm not saying I agree that colors should be trademarked, just that it's fairly common practice.
> You sound surprised that it is possible to trademark a color. Is it only goodwill that is keeping Crayola from suing everyone? No one ought to have the right to prevent others from using a color of all things. It’s like kindergarten all over again... “That’s my crayon! You give it back!”
That isn't how trademarks work.
Re: T-Mobile demand Lemonade to stop using the color magenta
#88This reminds me of a similar case between SparkFun and Fluke from 2014 where Fluke demanded that SparkFun stop selling their own multimeters which had the same colors as the Fluke brand multimeters.
Re: T-Mobile demand Lemonade to stop using the color magenta
#89TMobile I demand you stop calling your internet service UNLIMITED.
It's not, there's tons of fine print and multiple limits.
Re: T-Mobile demand Lemonade to stop using the color magenta
#90Cyan, Yellow, and Black called, they want their color back.