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T-Mobile takes umbrage to Aio Wireless' retail color scheme, sues

updated 05:30 pm EDT, Wed August 28, 2013

Aio Wireless using a different shade than T-Mobile

T-Mobile has launched a suit against AT&T's Aio Wireless brand, claiming that the company is violating a copyright on use of the color magenta, and is willfully trying to confuse and steal customers from T-Mobile. The lawsuit, filed on Friday, is seeking immediate cessation of the color use, and a rebranding of the store's graphical assets.

T-Mobile's complaint alleges that "Aio adopted, is using, and intends to continue to use, magenta in connection with its wireless products and services despite knowledge of T-Mobile's substantial use of, and upon information and belief despite knowledge of T-Mobile's exclusive rights in, the magenta mark."

Aio is denying infringement of the color, and it does appear that the colors are not an exact match to the eye. "T-Mobile needs an art lesson," the spokeswoman told Law360. "Aio doesn't do magenta."

Back in 2008, Deutsche Telekom, parent company of T-Mobile requested that Engadget cease use of a similar shade of magenta on its mobile portal. While Deutsche Telekom does in fact "own" one shade of magenta, specifically RAL 4010 in Germany, other shades are not use-restricted and its restriction of the use of the color in other countries is suspect. Neither Engadget> nor Aio Wireless use that specific shade of magenta.

by MacNN Staff



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