T-Mobile is alleging trademark infringement by Aio Wireless for using a shade of magenta too similar to its own, according to Forbes. A subsidiary of AT&T, Aio is a low-cost, pre-paid mobile phone service that is new to the market.
“With full knowledge of T-Mobile’s use of magenta, AT&T’s subsidiary chose – out of all the colors in the spectrum – magenta to advertise, market and promote its wireless services in direct competition with T-Mobile,” reads T-Mobile’s complaint filed with the court. “Aio does not use the orange coverage map of its parent company, but instead uses in its stores and on its website a magenta coverage map that is strikingly similar in color to the one used by T-Mobile.”
On the surface, it would seem as though T-Mobile is suing Aio for trademark infringement and unfair business practices simply because, as Hot News Gator reports, it alleges Aio’s use of magenta is an effort to “attract T-Mobile customers…dilute T-Mobile’s famous magenta color trademark, and to create initial interest confusion as the source or affiliation of AT&T’s subsidiary business.” However, beyond that, T-Mobile believes that Aio was created to mimic its no-contract plans and that the combination of that and the use of a similar color scheme may confuse consumers.
“When consumers see magenta in the wireless world, they think T-Mobile,” a T-Mobile rep told Forbes. “But AT&T, through its subsidiary Aio Wireless, has been trying to get a free ride from T-Mobile’s success as America’s Un-carrier by using magenta in its marketing. We filed this lawsuit to stop them, and to protect T-Mobile’s powerful magenta trademark.”
Aio has denied that it has infringed on T-Mobile or that it is trying to mimic T-Mobile’s branding model.
“T-Mobile needs an art lesson,” said an Aio spokesperson. “Aio doesn’t do magenta.”
There is more information about trademark infringement, unfair competition and other intellectual property disputes on our website. If you are facing an intellectual property dispute, let our Los Angeles trademark infringement attorney review your case. He has been successfully guiding clients just like you through the legal process for over 25 years.
To schedule an appointment, call our firm at (323) 653-3900 or fill out the case review form on this page.
Quick Klein Extra: Facebook trademarked the use of the word “face” as it relates to telecommunication services.
Klein Trial Lawyers — Los Angeles business litigation lawyers
Copyright © 2019, Klein Trial Lawyers. All Rights Reserved.