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 PCMag.com 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.


The ISandIS Network

Our Websites and Blogs: 3D Printing and More 99 is not 100 Aabecis AK Photo Blog Ancient Egypt Weblog Ancient Signs (the book) Ancient World Blog AndisKaulins.com Anthropomorphic Design Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) Archaeo Pundit Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Book Pundit Chronology of the Ancient World Computer Pundit DVD Pundit Easter Island Script Echolat edu.edu Einstein’s Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Gadget Pundit Garden Pundit Golf Pundit Google Pundit Gourmet Pundit Hand Proof HousePundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium Kiel & Kieler Latvian Blog LawPundit.com Law Pundit Blog LexiLine.com LexiLine Group Lexiline Journal Library Pundit Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic World Megaliths Blog) Megaliths.net Minoan Culture Mutatis Mutandis Nanotech Pundit Nostratic Languages Official Pundit Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Pinterest Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Shelfari SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stonehenge Pundit The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Wine Pundit Word Pundit xistmz YahooPundit zistmz