Color as Intellectual Property
In what Engadget claims is not an early April Fool's joke, T-Mobile's parent company Deutsche Telekom's requested that Engadget discontinue using the color magenta in the Engadget Mobile logotype (you can see both logos at that link—T-Mobile is right: Engadget does use magenta). Here's the text from the first paragraph of the PDF that Engadget posted:
we [sic] write you today regarding certain trademark issues concersing the use by Weblogs, Inc of the color magenta in your website "engadgetmobile.com." Specifically, we have recently learned that your company is using the color magenta in the logo of the Engadget Mobile news blog, in which you feature new developments in the field of mobile technology, including our company and our products. The color is plainly used in a trademark-related way on this website to highlight the headings of different postings.
Engadget quotes this subsequent communication with T-Mobile US's VP of Corporate Communications:
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.
This is something that's interested me for a long time (see this earlier post): Branding, in late capitalism, wants no distinctions made according to the actual topic: Nike is not a tennis shoe company, it's a lifestyle company. Ditto for Microsoft, Apple, Gap, Starbucks, etc. So the whole framework of trademark as an intellectual property, which attempted to maintain such distinctions, strains under this IP 2.0 pressure. Expect to see more of these over-reaching cease and desist letters..
[via Fimoculous.com]





