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Thread: No magenta for you, well the color at least...

  1. #1
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    No magenta for you, well the color at least...

    https://www.npr.org/2019/11/25/78272...ds-off-magenta

    I understand, but confusing an insurance company??

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    Lemonade does use a lot of magenta in its branding — though Schreiber insists it's actually pink — and T-Mobile was essentially saying: Hey, back off our color.
    Hmmmm. T-Mobile is conspicuously NOT going after Victoria's Secret and its Pink brand...

    I'd say that failure to protect this "pink" color is on DT, and they've already lost.

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    Quote Originally Posted by adam1991 View Post
    Hmmmm. T-Mobile is conspicuously NOT going after Victoria's Secret and its Pink brand...

    I'd say that failure to protect this "pink" color is on DT, and they've already lost.
    I think the difference is between the shade of pink Victoria Secrets uses. TMobile didn't trademark the color pink, it was magenta. It will be interesting to see how this ends up, I get the feeling this gets settled out of court.

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    A simple spectrophotometer will solve this. I have several.

    You can TALK all day long, but if any other major brand color--on its own branded materials, and/or as defined within their respective branding guides--is within, say, a dE of 2 of T-Mobile's alleged claim, and if T-Mobile has failed to make any attempt to stop that, then it's a slam dunk for Lemonade--including costs and damages.

    This a clear example of overreach on T-Mobile's part, and is a clear abuse of the court system by a better-funded organization to shake down a small guy. But, it wouldn't take much for a smart lawyer to make T-Mobile back off.

  5. #5
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    Quote Originally Posted by adam1991 View Post
    A simple spectrophotometer will solve this. I have several.

    You can TALK all day long, but if any other major brand color--on its own branded materials, and/or as defined within their respective branding guides--is within, say, a dE of 2 of T-Mobile's alleged claim, and if T-Mobile has failed to make any attempt to stop that, then it's a slam dunk for Lemonade--including costs and damages.

    This a clear example of overreach on T-Mobile's part, and is a clear abuse of the court system by a better-funded organization to shake down a small guy. But, it wouldn't take much for a smart lawyer to make T-Mobile back off.
    Lol, maybe lemonade will hire you as their lawyer. I have no clue if TMobile will win or not, you brought up Victoria secret, I simply informed you that the Victoria secret comparison is not valid due to the different shades in color.

    As far as talking all day long about it, I'd rather not and it's a holiday, so take the day off from giving out legal advice on a wireless forum and try to enjoy yourself. Happy Thanksgiving.

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    Quote Originally Posted by hofonewb9 View Post
    you brought up Victoria secret, I simply informed you that the Victoria secret comparison is not valid due to the different shades in color.
    you declared them to be different, but with absolutely no facts to back that up.

    Ergo, the comparison is valid until proven not valid by the facts. Let lawyers and, if necessary, a court of law determine that.

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    Quote Originally Posted by adam1991 View Post
    you declared them to be different, but with absolutely no facts to back that up.

    Ergo, the comparison is valid until proven not valid by the facts. Let lawyers and, if necessary, a court of law determine that.
    Because it doesn't take a lawyer to see these are different. I can see they are different because,well I have eyes. As for only going after the little guy accusation, Victoria secret and their 13 billion market value is also a little guy compared to Deutsch Telekom and their almost 80 billion dollar market value. Seems you are trying to make more to this than it actually is. It's a company suing to protect a trademark. Open a small family restaurant and put golden arches outside it, lemme know what happens next. If those arches were green, nobody would care. This likely doesn't even see a courtroom, it likely gets settled for an undisclosed amount from D.T. to lemonade and lemonade agreeing to use a different shade of pink for their color. Name:  default-share.jpeg
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  8. #8
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    For fun sake here is the TMobile logo and the lemonade logo side by side. Yes, I can see why D.T. would take issue. Name:  t-mobile-logo.jpg
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    Last edited by hofonewb9; 11-28-2019 at 01:15 PM.

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    Quote Originally Posted by hofonewb9 View Post
    Because it doesn't take a lawyer to see these are different. I can see they are different because,well I have eyes.
    And your lack of knowledge in this area is because you don't work in this area.

    Yet you insist on declaring that you have expertise in this area.

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    Quote Originally Posted by adam1991 View Post
    And your lack of knowledge in this area is because you don't work in this area.

    Yet you insist on declaring that you have expertise in this area.
    I insisted that huh? Must of missed it. You asked why D.T. didn't go after Victoria secrets and their pink brand. I brought up the lawsuit is about the shade of magenta lemonade is using and that Victoria secrets ad campaign is different colors. You said I had no proof and you were correct, so i shoe a picture of Victoria secrets ad campaign, showing it is indeed different shades of pink. Instead of just saying you were wrong, you now want to try to somehow try to say I don't know what I'm talking about? and double down on your original claim? Ah the internet. Never change.
    Last edited by hofonewb9; 11-28-2019 at 05:56 PM.

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    Here, let's try this a different way. Remember sesame Street used to play the game one of these things is not like the other? Out of these 3 images.....which one is not like the other? That's why TMobile is suing lemonade and not Victoria secret. Name:  tapatalk_1574980515743.jpeg
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    Though you are under no obligation to take my word for it. I'm sure if you send an email to [email protected] someone from the IP team will answer any question you have.
    Last edited by hofonewb9; 11-28-2019 at 05:59 PM.

  12. #12
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    Quote Originally Posted by hofonewb9 View Post
    I insisted that huh? Must of missed it. You asked why D.T. didn't go after Victoria secrets and their pink brand. I brought up the lawsuit is about the shade of magenta lemonade is using and that Victoria secrets ad campaign is different colors. You said I had no proof and you were correct, so i shoe a picture of Victoria secrets ad campaign, showing it is indeed different shades of pink. Instead of just saying you were wrong, you now want to try to somehow try to say I don't know what I'm talking about? and double down on your original claim? Ah the internet. Never change.
    I simply pointed out, there are plenty of organizations using these colors. Magenta is a primary subtractive, and would be very common.

    All it takes is one instance of tm not chasing after someone using that color.

    As to the rest of it, you're not qualified to judge. Yet you do.

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    Quote Originally Posted by adam1991 View Post
    I simply pointed out, there are plenty of organizations using these colors. Magenta is a primary subtractive, and would be very common.

    All it takes is one instance of tm not chasing after someone using that color.

    As to the rest of it, you're not qualified to judge. Yet you do.
    Yes, there are companies using shades of magenta and pink, this qualifies as something called fair use and most times TMobile won't bat an eye. When your logo though is a solid magenta square with a single white letter in the middle, they will.

    This is nowhere near as nefarious or evil as you are trying to make it look. The reason D.T. doesn't sue Victoria Secret is because the color scheme they use is nothing like Tmobiles, the reason they are suing lemonade is because Lemonade's logo seems to be an exact ripoff of the Tmobile logo, down to the color. TMobile owns the trademark on the color, it is there right to protect their trademark.

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    OK, snowflake.

  15. #15
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    Quote Originally Posted by adam1991 View Post
    OK, snowflake.
    Lol, guess I was a little more qualified than ya thought eh? Lol

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