Stories
Slash Boxes
Comments

SoylentNews is people

posted by janrinok on Friday November 08 2019, @05:07AM   Printer-friendly
from the that's-our-colour dept.

Submitted via IRC for SoyCow1337

A German court has told startup insurer Lemonade to stop using the color magenta in marketing after an objection from T-Mobile

Startup insurance provider Lemonade is trying to make the best of a sour situation after T-Mobile parent Deutsche Telekom claimed it owns the exclusive rights to the color magenta.

New York-based Lemonade is a 3-year-old company that lives completely online and mostly focuses on homeowners and renter's insurance. The company uses a similar color to magenta — it says it's "pink" —

But Lemonade was told by German courts that it must cease using its color after launching its services in that country, which is also home to T-Mobile owner Deutsche Telekom. Although the ruling only applies in Germany, Lemonade says it fears the decision will set a precedent and expand to other jurisdictions such as the U.S. or Europe.

"If some brainiac at Deutsche Telekom had invented the color, their possessiveness would make sense," Daniel Schreiber, CEO and co-founder of Lemonade, said in a statement. "Absent that, the company's actions just smack of corporate bully tactics, where legions of lawyers attempt to hog natural resources – in this case a primary color—that rightfully belong to everyone."

[...] Lemonade also filed a motion today with the European Union Intellectual Property Office, or EUIPO, to invalidate Deutsche Telekom's magenta trademark.

Lemonade also issued a color chart ([pictured]) with which it asserts are the hues at issue.

"Here in the U.S., we do recognize trademark rights in colors, but they are not easy to acquire," says Ira E. Silfin, a trademark attorney with Mandelbaum Silfin Economou. "When they are acquired they are fairly narrow.  So, everyone knows UPS is brown, but that's only for shipping and logistics, not sports such as Cleveland Browns or anything else.  If T-Mobile tried to stop an insurance company—or a bakery or a cosmetics company—from using their pink-magenta color in the U.S., they would have a pretty hard time."


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 4, Informative) by bradley13 on Friday November 08 2019, @10:16AM (4 children)

    by bradley13 (3053) on Friday November 08 2019, @10:16AM (#917824) Homepage Journal

    Talking about how similar (or dissimilar) the colors are - this is missing the point.

    The point is that trademarks are only relevant within a particular area. McDonalds may be able to prevent another restaurant from using arches as a symbol. But they would have little chance (except via intimidation) of preventing someone in a completely different area from using them (for example, there is a "twin arches" wine). AFAIK, trademarks are only enforceable where consumer confusion is possible.

    T-Mobile uses magenta, and sells communication services. Lemonade wants to use pink (as in "pink lemonade") to sell insurance. There is no danger of consumer confusion. T-Mobile should not be allowed to block out the use of an entire section of the color palette, across all industries.

    It's a stupid court decision, and will almost certainly be overruled on appeal.

    --
    Everyone is somebody else's weirdo.
    Starting Score:    1  point
    Moderation   +2  
       Insightful=1, Informative=1, Total=2
    Extra 'Informative' Modifier   0  
    Karma-Bonus Modifier   +1  

    Total Score:   4  
  • (Score: 2) by janrinok on Friday November 08 2019, @02:56PM (3 children)

    by janrinok (52) Subscriber Badge on Friday November 08 2019, @02:56PM (#917874) Journal

    AFAIK, trademarks are only enforceable where consumer confusion is possible

    TFA clearly states that the rulling is by a German court in Germany:

    Although the ruling only applies in Germany...

    Why do you think that quoting US law is of any relevance here?

    It's a stupid court decision, and will almost certainly be overruled on appeal.

    What makes you so certain that it will be 1. appealed at all? and 2. that a German court would overrule the decision? US law has absolutely no relevance here whatsoever. US law is great in the USA, but has no standing in the rest of the world.

    • (Score: 3, Interesting) by Freeman on Friday November 08 2019, @04:03PM (2 children)

      by Freeman (732) on Friday November 08 2019, @04:03PM (#917908) Journal

      Tell that to Kim Dotcom, Edward Snowden, and Julian Assange. The main difference is that only one of them committed any "crime" on US soil.

      --
      Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"
      • (Score: 3, Insightful) by janrinok on Friday November 08 2019, @05:50PM (1 child)

        by janrinok (52) Subscriber Badge on Friday November 08 2019, @05:50PM (#917953) Journal

        If Lemonade don't like it, they can pull their operation out of Germany. The US still has no jurisdiction in this case. I don't think that it is a sensible application of German law, but they are free to do what they wish in their own country. The US can also take its laws and do what they wish with them - but they have no legal basis in Europe. Now, if you are suggesting that Germany might bend under US pressure then it demonstrates why not every nation supports the US version of democracy, but I don't think it will come to that.

        How about if Saudi Arabia insists that American women in the US can no longer do any of the things that are illegal for Saudi women in their country? Would you say that they have a right to impose their laws upon people in America?

        • (Score: 2) by Freeman on Wednesday November 13 2019, @04:04PM

          by Freeman (732) on Wednesday November 13 2019, @04:04PM (#919884) Journal

          I was just pointing out that, even though, it's not in the USA, the influence of the USA is quite extensive. I have no reason to think the USA would be quite so interested in Germany's T-Mobile vs Lemonade also of Germany. It's definitely a slippery slope and I'm not in favor of importing Sharia law or other social regressions.

          --
          Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"