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T-Mobile demand Lemonade to stop using the color magenta

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101–110 of 158 posts

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

#101
post #24

For those curious, based on the CSS on their respective websites, they aren't _exactly_ the same HEX color, just pretty similar. (Lemonade is #ff0083, while T-Mobile is #e20074. Comparison here: https://www.colorcombos.com/combotester.html?color0=e20074&c... )

These claims generally aren't based on hex colors, they're based on Pantone swatches. There's some leeway on how those swatches are converted to RGB.

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

#102
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…

I remember when Intel tried to trademark the number "80". Thankfully they lost that one.

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

#103
post #18

Earlier quoted context omitted.

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.

Knowing T-Mobile and the full-of-shiteness that I possesses them, they can argue this about every market. I am.sure they own a canteen somewhere so there goes the food industry, and they probably sponsor some major team so there goes sports equipment and so on and so forth. Greed doesn't stop.

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

#105

Earlier quoted context omitted.

The problem is it's too broad a claim. Trademarking a color is limited to (1) a specific competitive space, and (2) when it is a distinctive identifier of your brand (e.g., DeWalt's yellow and black scheme in the power tools business). T-Mobile is in the telecom business, and Lemonade is in the residential insurance business. T-Mobile should not be trying to take-down a company that is not in their competitive space…

Related to tools and colours, SparkFun got in trouble a few years ago over selling knockoff multimeters with the same colour scheme as the iconic Fluke one: https://www.sparkfun.com/news/1428

I almost missed the followup to this, which is here:

https://www.sparkfun.com/news/1430

Apparently Fluke "allowed" SparkFun to distribute the multi-meters in question to educational and charitable organizations, rather than just destroying them. I guess that's as close to a nice resolve as you can get without Fluke just completely dropping their action.

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

#106

Earlier quoted context omitted.

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.

>They both sell insurance..

Does anyone know whether T-Mobile sell THEIR insurance or they act as brokers selling someone else's insurance (e.g. Allianz, AXA, etc.)?

I also wonder the % of revenue of T-Mobile from insurance Vs their other business lines.

(I don't really wonder)

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

#107
post #9

For 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…

That would make sense if T-Mobile actually provided good service.

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

#109

Earlier quoted context omitted.

You're from Germany by any chance? I think that in Lemonade german site, they changed the color to a darker pink (probably until the issue with T-mobile is finished)

Well, based on a 2017 version of their site in archive.org, their 'pink' is rgb(214, 0, 109) while T-Mobile's current pink is rgb(226, 0, 116). Not the same, but as a graphic designer, I think they'd be visually indistinguishable for most people unless comparing bordering swatches. But fuck T-Mobile though. Magenta is a primary color in most types of print. That they can somehow stop other people from using it is bul…

In the late 90's, early 2000's, they aggressively tried to intimidate each and everyone using the letter T for any marketing purposes.

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

#110
post #28

Earlier quoted context omitted.

Consider this scenario: Company A has a trademark. Company B creates its own product (perhaps trademarked as well) which is somewhat similar to Company A's trademark but in a sufficiently different product space that a lawsuit by Company A would seem potentially frivolous. Company B then grows its business over several years, starts moving into adjacent product categories, and ends up with a product that now could ge…

See for example https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

A funny tangent is the story of wrong Guy's BBC interview on this very topic.
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