For nearly six months, Erwin Giesbers has gazed every day at the cheerful company flags flapping in the breeze and pondered the hazards of choosing official corporate colors in a screaming shade of magenta.
His company, Compello – an information technology firm in the Dutch town of Zwolle – is locked in a legal struggle with the German giant, Deutsche Telekom, which is pressing the company to get rid of the vivid hues because it claims trademark rights to the color magenta.”
When I first heard of it, I thought it was a joke, but in the last month I’ve had so much pressure,” said Giesbers, the chief executive of Compello, which he started in 1997. “In my opinion, colors are free where you make your own form and format…”
“Some will rob you with a six-gun, and some with a fountain pen.”
Ridiculous. Lets hope some douche judge or jury doesn’t award the rights to a color.
Well at least in Photoshop CS2 you can use magenta.
It happens all the time in the US. For example John Deere has a trademark on their green. Kodak as a trademark on that black/yellow combination they use. Or is it black/orange? Looking online it’s sort of a putrid yellow.
I apologize for driving y’all a little nuts. Meant to schedule this for Monday morning.
What if I use 100% magenta, and 5% cyan and 5% yellow. Gee sarge, is that too close for copyright infringement? Asses. things like this should be laughed out of court.
Not only should this be laughed out of court, the lawyers who waste the court’s time with nonsense should be suspended or disbarred.
Just because John Deere and Kodak do it doesn’t make it right.
I’m surprised an American didn’t try this first. Wow Hmm… maybe I can patent Air and make all you guys pay me to breath. 🙂
Regarding John Deere and Kodak I think they have trademarks to where you can’t start a new tractor company and paint them JD green or offer film in boxes with Kodak’s colors. I remember FedEx going after companies who were using packaging the same color’s FedEx uses.
I believe too, that “John Deere Green” is a real color (duPont makes it, I think).
t-com is doing the color hassle for years now.
everyone else does too.
what about activison, guitar heroes? and gibson suing them, because they have a US patent on music simulation.
excuse me, but i have to “O M G” “L O L” which i normally would never use but in this case there is simply nothing else to say…
I just trademarked the red used in this site as “Bleeding you for your money Red”.
Check yer inboxes for I will be suing soon.
Cheers.
#6 – Not only should this be laughed out of court, the lawyers who waste the court’s time with nonsense should be suspended or disbarred.
Yes. Every time a lawyer provides his or her services to a client with a claim you don’t like, he or she should be punished.
You anti-lawyer people are idiots.
While the story in question will waste zero seconds of any American court’s time, what with it being about a dispute between a Dutch and German company, the fact remains that the courts exist for the people (including companies owned by people) to resolve disputes… even those disputes considered silly by Internet blowhards.
I am open for business if any one wants a color just give me a call. I’ll represent you. Don’t let big business get all the colors!
#12 – I’ve applied for a trademark on cornflower blue and burnt sienna.
Those suckers at Crayola were sloppy and never thought to register their damn crayons.
#3, SN
John Deere (Deere and Company) does not have a trademark on the color green. The trademark is on their distinctive Green and Yellow paint scheme. Anyone may use that specific shade of green, but if they make it look too much like a John Deere then they have crossed the line. The same with Kodak. It is the Yellow and Black color scheme which is trademarked, not the individual colors.
Recently Chrysler tried to enforce a trademark on its Jeep grills. GM, the maker of the Hummer III wanted to use a similar grill pattern. The Judge said no way. As long as a consumer would not confuse the two there is no infringement.
A Canadian bank tried to trademark the use of the color green, which was prominently displayed in its commercials. There, the Judge reasoned that the trademark must be distinctive in order to be registered but could not be inclusive of anything remotely resembling it.
#11
OhForTheLoveOf, Right On and Well Said.
The first American color trademark
I recall is the pink color of whomever makes that expanded fiberglass insulation. Market was being flooded with fake pink fiberglass insulation. So–I don’t think color or color combinations or color designs can be trademarked without a product underneath the color. Seems to me I read somewhere Fed Ex was suing about Brown Trucks?
Its like Global Warming or Madonna shaped items==start with the first good example, and then go nuts.
#11 and #15 you both must be lawyers.
# 10 benbeltran said, on March 17th, 2008 at 7:19 am
I just trademarked the red used in this site as “Bleeding you for your money Red”.
Check yer inboxes for I will be suing soon.
Cheers.
—–
You are not going far enough. I have trademarked the color “Blood Red” and all you mammals out there are violating my trademark by illegally manufacturing red blood. Stop it! Stop it right now! Law enforcement worldwide is wasting precious resources going after murderers, thieves, etc., when they should be going after the blood pirates who are costing me TRILLION$!
#11 “Yes. Every time a lawyer provides his or her services to a client with a claim you don’t like, he or she should be punished.”
I think loser should pay both sides. This would go a long ways in cutting down on crap lawsuits.
#18 – Patso, Arrrrrg! Did ye say blood pirates? By the by and by, I have taken ownership of the colors Black and White. Arrrrrg! So stop writing!
#17 – I only wish I were a lawyer.
I’d drive a nicer car.
And I have copyrighted the word “the”. You all owe me $0.05 for each use.