Deutsche Telekom / T-Mobile demands Engadget Mobile discontinue using the color magenta
By Ryan Block 
posted March 31st 2008 2:24PM
posted March 31st 2008 2:24PM
Granted, we get nastygrams from angry tech companies practically every day, but rarely regarding anything that's not some piece of news we published that they're livid about having out in the open. And irony of ironies, this whole use-of-magenta thing is precisely the topic we took up last year on behalf of DT.
We spoke with David Beigie, vice president of corporate communications for T-Mobile US, who offered: "As a trademark owner, from time to time Deutsche Telekom looks at usage that could lead to confusion in the marketplace. The letter sent by DT merely outlines these perspectives and is meant to simply open a dialogue. Engadget continues to pioneer forums for discussion of wireless industry developments and innovation. T-Mobile respects the role Engadget and its readers play in advancing dialog on these important topics."
So in the interest of that open dialog we've posted Deutsche Telekom's letter below, as well as a handy guide to allay any confusion should you suddenly find yourself disoriented and trying to buy your next SideKick or MDA from Engadget Mobile.
P.S. -Not an early April Fool's joke.
Update: We went magenta! More here.
| Deutsche Telekom | Engadget Mobile |
|
|---|---|---|
| Cellphone carrier | Yep | No |
| Distributor of telecom equipment | Yep | No |
| Likely to be mistaken for T-Mobile / Deutsch Telekom | We certainly hope so |
No |
| Former state-owned monopoly | Yep | No |
| Has something against US 3G | Apparently | No |
| Has more than five friends | Might not anymore |
Yep |
Hey guyz, if you act quick you can secure the services of Catherine Zeta Jones to be your spokes person....then there would be no possible confusion there - I mean:
http://www.engadgetmobile.com/2006/09/30/t-mobile-on-the-cusp-of-an-image-overhaul/
That doesn't even look like the same color. The "T" in T-Mobile is more purple. Engadget's logo is a different hue, and multiple shades. T-Mobile's parent company is getting a lot of free, allbeit bad, publicity from this color thing though. And when I see the T-Mobile logo, I do not think "Ooh, pretty pink"; I think about how the cell phones that they overcharge us for operate using radiowaves that travel through the tissues of my body, causing me to have a higher chance of getting cancer, even if I don't own or use one of their phones. How about we charge them for using our bodies as their own information superhighway? Or at least make them pay for our radiation therapy.
loving the new magenta backround!!!!
In a few years we'll have to ask T·Mobile or Deutsche Telekom to print in some colors??? what´s doing UE about???
EU... UE is in spanish.... (disculpas)sorry
Just looked at PhoneScoop...right below the new magenta logo is a TMO banner ad. Priceless.
T-Mobile Who? Are they some very small company with little minds?
*ey do i* all *he *ime in Germany and yes, German cour*s gave *hem righ*. One more *hing *hey use *o go *o cour* for is if a company used *he le**er which is in *he firs* place of *heir company name so please, be cau*ious *o use *ha*, ei*her!
I didnt find anything nasty about the mail TMobile sent you guyz. i thought it was polite and respectful. although i admit the letter was extremely immature and exposes a delusional upper management at TMobile.
I'm from Germany and I'm ashamed of Deutsche Telekom!
There goes a quarter of all printer cartridge sales in the country straight to t-mobile. You ever want a chunk of any market share just bring up some random copyright suit, worked for Trump and Hilton.
it's not even the same shade of magenta
ALL YOUR MAGENTAS ARE BELONG TO US
Either Engadget's has been someone's b1+hc for the ultimate viral marketing prank... or companies still haven't learned that threatening people that control your reputation is a bad thing....
tough call
So...when I get a really nasty sunburn, have I violated the patent as well? (You know, at least until I start peeling.)
Actually I understand their concern. It would be bad should your readers think by your use of the magenta that you have somehow sold out to T-Mobile. It would certainly give your credibility a hit. So In that light I suppose you should at least use the magenta in a completely different way than DT/T-Mobile use it. Perhaps you should just use that color on all of your toilet paper and take it off of your Logo.
Respectfully submitted
Scott
In an effort to assist you in this matter, I have used my expertise to dismantle any claim T-Mobile or DTAG have against Weblogs, Inc or Engadget Mobile.
The color that T-Mobile has a trademark on that is used with great consistency throughout their branding elements, marketing materials, etc carries the following characteristics: 6% Cyan, 100% Magenta, 27% Yellow and 0% Black. The Engadget Mobile logo and branding elements do not share the same color characteristics as they hold a range, including the following: 1% Cyan, 99% Magenta, 1% Yellow and 0% Black as well as 5% Cyan, 68% Magenta, 0% Yellow and 0% Black. However, nowhere in the Engadget colors is the same color that T-Mobile uses present at all. I spent a good bit of time sampling colors from various segments of the Engadget Mobile logo.
In light of this fact, it would be evident that neither T-Mobile, nor its parent company DTAG has any claim of trademark infringement and subsequently, no right or protection to demand the cessation of the use of the color by Engadget Mobile or its parent Weblogs, Inc.
Wow that was a waste of time! Hope my T-Mobile account doesn't get canceled. =(
We are happy to support Engadget!
"NINTENDOWFC.COM SUPPORTS SETTING MAGENTA FREE
Supports Websites Worldwide by Changing Color Scheme to Magenta
LOS ANGELES, Calif., April 1, 2008 — Today the Nintendowfc.com website received a new magenta color scheme. Websites worldwide are converting to magenta today to advocate EngadgetMobile.com\'s use of the color, in response to a letter they received last week from T-Mobile\'s parent company, Deutsche Telekom, asking them to discontinue their use of such.
(more)"
To read the full Press Release, visit: http://www.nintendowfc.com/press/?release=20080401a&rby=8112
What about the colorblind people? Poor magenta color,What have you done to deserve this? LOL
Face it T-mobile sucks big time they have crappy service and those low income blue collar white trash push to talk walkie talkies are annoying as all hell and have no class. To trademark a color AFTER someone has been using it for a while is a joke. What are they going to hit Samaung as well for my wifes metallic Magenta phone as well?
Loasers no wonder why they are so small in the US markey sucks to be them
oh wow so this isnt a april fools joke
If they want magenta, they can have magenta!, its on, its on like donkey kong!
I'm from Germany and customer of T-Mobile. But I fully support you in this case. No one is allowed forbid others to use certain colors! Try to keep up and fight this insanity!
I hope you do not cave in!
not the first case :)
http://www.freemagenta.nl
I am from Germany and I am ashamed by what the Telekom does. Their position is just ridicolous. Magenta exists since the creation of the universe, the telekom exists since 13 years. Please do not give in to their stupid demands.
In Germany noone actually likes the telekom. They do a shitty job, and the only reason they still have customers is that they were once a state-run monopolist.
LOL...you guys are too much. Loving the site overhaul.
Guys, I know it is fun of bashing big companies...
But if you read the letter, then it does not say to not use the color magenta!
It says, it should not be used in combination any of T-Mobile's trademarks.
And I find it kind of strange, that on you main page www.engadgetmobile.com you have the "engadge" in blue and the "t-mobile" in magenta.
But on this article here, you have the "engadget" in blue and only the "mobile" in magenta...
And I assume, that only the first is questioned by T-Mobile.
Maybe something for the background, DT has registered a special version of magenta for their logo as well as other marketing and branding purposes and this so far I remember more or less world wide.Unfortunately you can do this kind of things in the US and Europe.
Damn those engadget guys! Always trying to steal our thunder!
Wait... you mean I'm not on the Deutsche Telekom forum? But all the magenta...
Whoops!
Only a few weeks ago there was a huge TV report on three episodes the TV show "Stern TV" in Germany about Deutsche Telekom systematically ignoring ten of thousands of customer letters and complaints.
Until now this internal culture of total ignorance towards the customer still continues, according to my own experiences in the last weeks.
Automatic Google translation:
http://translate.google.com/translate?u=http%3A%2F%2Fwww.stern.de%2Ftv%2Fsterntv%2F610641.html&langpair=de%7Cen&hl=en&ie=UTF-8
http://translate.google.com/translate?u=http%3A%2F%2Fwww.stern.de%2Ftv%2Fsterntv%2F611511.html&langpair=de%7Cen&hl=en&ie=UTF-8
http://translate.google.com/translate?u=http%3A%2F%2Fwww.stern.de%2Ftv%2Fsterntv%2F615147.html&langpair=de%7Cen&hl=en&ie=UTF-8
Just for you to know what kind of chaos company you are dealing with.
Obviously they have very dedicated lawyers. Personally, I would prefer dedicated service personnel for customer service.
Watch FreeMagenta http://www.freemagenta.nl/?page_id=121 for a world without magenta!
I think the lawyers for DT should be worried about this colour issue themselves. Just imagine if Mattel decided to sue over the infringement of the colour used as a widely recognised trademark for the Barbie range!!!
How dumb of TMo! I'm pretty sure that they'll soon start suing people for using word "T" in daily communications!!!
I think that it is a friendly letter in which they pleased you to change the colour...where is the problem? They didn´t say: Hey you, do what we want or talk to our lawyers... Find a solution, they offered their help to you. Use this offer.
It isn´t the only company which has protected a colour. Tiffany´s has its special blue, UPS has a special brown...
Talk to them and find a friendly solution.
Im not under contract anymore, with T. So now I have a reason to move, might not make a diffrence but i did something.
Sorry!
Not all germans are idiots. But some definately are. You've got the written proof!
Michael
Hey, I am not a fan of 'big companies running over others' and I am not happy that 'magenta' is 'owned' by T-Com Germany. But in what way does it differ from UPS 'brown' or Tiffany's 'Blue'.
Regarding that I think that other companies should respekt that and discontinue the use of other trademarks, logos, colors. Especially when they operate in a related field.
If you where reporting about cars, hardwood flooring, etc... I wouldn't see a problem, but in this case I can understand T-Coms 'problems'.
What do you think?
LoL, I HAD to write a fax to Telecom! It's in German, sorry, but basically it makes fun about Telecom and says, that my company uses the color black as corporate identity and for all written letters and now I demand Deutsche Telecom to use another color for all their letters. I think that show that it is very stupid to think it is possible to claim a color.
have phun, dinoo
Sehr geehrte Frau Sühling,
ich möchte Sie darüber informieren, dass meine Firma die Farbe schwarz seit Jahren für das Geschäftslogo und sämtliche Korrespondenz benutzt. Da ich feststellen musste, dass Sie ebenfalls die Schriftfarbe schwarz für Ihre Korresponz bevorzugen, möchte ich Sie heute in aller Form bitten, dieses zu unterlassen und eine andere Farbe zu wählen. Ich bin sicher wir finden eine gütliche Einigung und verbleibe
mit freundlichen Grüßen,
[my name]
P.S. Sie (DTAG) können doch nicht im Ernst annehmen, eine allgemeine FARBE markenrechtlich schützen zu können. Bitte machen Sie sich nicht lächerlich. Wenn Sie damit durchkommen lasse ich mir Ihre Atemluft markenrechtlich schützen und verlange Lizenzgebühren.
And do you know what's even funnier? Their legal department approached this company here from Brazil (http://www.mobx.com.br) with the same claim: stop using our magenta. Looks like they're quite busy at the moment hunting down every pink logo in the world. Beware Barbie!!!
Now Deutsche Telekom talks about wanting a friendly dialogue with Engadget. How friendly they execute brand dialogues in Germany everybody who´s interested may take from my yesterday´s press release here:
http://blog.gelbevideos.com (in german).
Their "friendlyness" may not only cost you loads of money but even sends you to jail.
Dear T-Mobile:
Kindly pull your heads out of your tight magenta orifice(s). The color magenta is not exclusively yours. Engadget isn't occupying the same categories of goods and services as you, and besides, their use of the color magenta is as a design element, not as a trademark.
You're barking up the wrong tree here.
Regards,
They have no idea how much more hate this kind of letters create for the wide mass against the Telekom.. There you can see where your way to high phone charges go.... Fucking rediulous
is it not even the same color.
tmobile's logo is E10370
Engadget's logo is ED008C
will you have to give them less, if the logo is almost the same color??
Dear Sirs,
We find that the use of Magenta most definitely confuses customers.
As a industry-leading manufacturer of inkjet printers, we have had
many calls from T-Mobile customers that believe HP owns T-Mobile,
simply because our inkjet cartridges contain magenta ink.
As corporate counsel, I have advised HP to stop using magenta ink in
their cartridges. I've suggested that we substitute Fuchsia ink
instead. This will mess up all the photos owners of HP printers try to
print, but that's a small price to pay for keeping Douche Telecom happy.
In addition, I have sent letters to highway departments in all 50 states,
advising they to replace their RED stop lights with a different color,
because the resemblance to magenta might cause motorists to
believe, albeit incorrectly, that they have to apply their brakes whenever
they see a T-Mobile logo.
Thank you for your attention to this matter.
This seems to be the sort of thing Nilay Patel didn't think was going to happen in his original post. What's his response?
They have poor grammar. Independent clauses lacking a conjunction require semi-colons. Amateur lawyers...