Deutsche Telekom, owner of T-Mobile is threatening to take legal action against a small British Company for using a shade of Magenta color. The German company argues that it has an exclusive trademark on the said color.
Lawyers representing the multi-billion communications company (D.T) wrote a letter demanding that DataJar drop the trademark application. The letter sent by the London law firm Hogan Lovells claimed that DataJar, had made extensive use of the color magenta throughout its website. It claimed that the services the company offered on the said website were highly similar to that offered by T-Mobile.
Who is Datajar
DataJar is a technology company that is based in Brighton. The company which has a total of seven employees has been managing and delivering Apple devises to businesses and various schools.
Although the company filed its trademark application as recently as January this year, it has been using the logo since it was founded way back in 2013. It is as a result of this application that T-Mobile has moved to oppose it by indicating that DataJar’s logo might confuse the Great British public due to the close resemblance with theirs’.
The claims may not be so absurd, considering that D.T owned T-Mobile brand, also operates in the United Kingdom not only providing mobile network operator services but also selling handsets and other related hardware. It is as a result of this that D.T went ahead to question how the examiner of U.K Intellectual Property Office allowed DataJar’s application to progress to publication. The lawyers went further and requested the Brighton-based company to write to the UKIPO to request for deletion.
Is The Accusation Valid
DataJar’s founder James Ridsdale does not seem to take the matter lightly, in fact, he is mad with the issue. He argues that even though his company is into I.T products it is not a telecommunications company like T-Mobile. He went on to say that if his company was known as D-Mobile and the logo was using the Times New Roman font for example, then maybe the claims would be valid.
According to the Deutsche Telekom trademark register, only describes Magenta (RAL 4010 telemagenta) as the legally registered color for D.T. Upon examination of the described shade on the online converter showed that RAL 4010 converts to RGB 188, 64, 119. Whereas, the one used by DataJar was specified as house pink and converted to RGB 225, 96, 163. Which can be concluded as a slightly different shade.
With all that unfolding the onus is on DatarJar, on whether to proceed with the legal suit or to bow to T-Mobile’s and withdraw the application.