Monday, February 10, 2014

Trademark Infringement and Color Use: T-Mobile Blocks Aio Wireless and Magenta: IP Law At its Worst

Trademarked SINGLE colors? Sheer jurisprudential idiocy.

This was once again proven as a judge in Texas blocked Aio Wireless in its advertising from using a magenta COLOR similar to the color used by the competing T-Mobile company.

David Murphy has the story at in
T-Mobile Blocks Aio Wireless From Using Similar Magenta Color.

Now let us suppose that there were ten other competitors in this field and all the major rainbow colors as well as the major subtractive colors were taken by them.
Tough luck for Aio Wireless or any new competition?
What color would be left?
What degree of variation would be permissible?

Do companies now have to watch their colors for trademark infractions?

as if the patent chaos mess were not enough??!!

The court decision here leads into complete legal chaos
and competitive disaster.

COLORS are limited in number.
The main rainbow colors are more limited still.

And our CMYK printer even gets by with just
THREE so-called primary subtractive colors:
yellow, cyan and, hey, MAGENTA!

The fourth CMYK color is the "Key" color black.
Not too much leeway, really not.

The idea that a specific, limited COLOR like this can be trademarked is absurd.
The idea that established companies can legally monopolize markets
by now also trademarking single colors is ridiculous.

Just imagine putting a COLA on the market and having red being forbidden to you by law as a color for your labels because "you know who" uses a red label.

Or how about creating a Valentine's day product, coming up, where EVERYBODY uses red. Boy, not in the future.  Just put a trademark clamp down on your Valentine's Day competitors. NO RED FOR YOU FOLKS!

This is law as absurdity, creating monopolies for vested interests.

If you did not write it, you should not be able to copyright it.
If you did not invent it, you should not be able to patent it.
--- and --
If YOU did not MAKE it, you should not be able to trademark it.
That should be the rule.

The Almighty, whoever or whatever it might be, made the colors.
... for everyone.

If you want to distinguish your trademark from the trademarks of others,
YOU should have to do something
and not just steal God's works for your petty, selfish, private profit.

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