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I'm not sure I fully understand... should that have been written the color "Magenta™"? The absurdity is probably confusing to you as well. The total hue domination by T-Mobile and its bigger Deutsche Telekom (DT) has been going on for several years, but has gained more attention lately. DT not only trademarked magenta, they also have a trademark on the use of their two 2 color logo... More can be read at servicemarks.
Don't worry trademarks only apply to the industry sector that they are registered under and since DT applied for their trademark in the tele-communications sector you just can't use the color magenta around anything to do with phones, digital media... oh and just about anything on the internet.
Here is a screenshot of the T-Mobile USA website with their trademark highlighted:

I found some legal text outlining the details of the DT claim of the color magenta
The plaintiff, Deutsche Telekom AG, which uses the colour "magenta" for designating its services and in its advertisements and/or commercials, has been the owner of the colour mark No. 395 52 630 "magenta" (RAL 4010) since September 12, 2000 which was registered on the basis of a proven secondary meaning (i. a. for goods and services in the field of tele-communications). Furthermore, the plaintiff is also the proprietor of Community colour mark "magenta" registered on August 3, 2000.
- VIA WUESTHOFF & WUESTHOFF
I also found an older article from 2001 where DT was suing a On-Demand book publisher for using magenta in an ad campaign.
To promote their service, my-favorite-book launched an advertising campaign in May. Its advertisements in German magazines and newspapers came in different colors - green, blue, orange, grey, yellow and magenta. It was the last one that didn't go down well with Deutsche Telekom, nicknamed "the pink giant" because of its use of the color in Germany. "We have registered the color of magenta as a trademark in the telecom and online services sector," Telekom spokesman Peter Kespohl says. "We have to go after infringers to protect this trademark." Utz Karpenstein, spokesman for my-favorite-book, thinks this is odd. "So if Deutsche Post would register its postal yellow as a trademark, nobody could use yellow anymore? The world would get pretty gray if everybody did that."
- VIA 2001 Article from TheStandard.com
Share your thoughts about this and help reclaim magenta here.
Some Magenta Color Palette Inspiration
*Only use as inspiration for projects not created in the "tele-communications" sector.





...I wonder if my friends over at Red Interactive Agency know they could be the proud trademark owners of the color red... Boy!, think about all the other companies they could sue... the Red Cross, Project Red, Santa Clause...
4 November, 2007 49
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vredeling4 Nov, 2007
We had a small discussion on this in the forum. As said, a couple of Dutch companies were sued for using the colour magenta. Pretty rediculous if you ask me. But if they registered say: #ED007E
, is it then ok to use #ED007F?
 
lizcrimso…4 Nov, 2007
Here's another case where a Toledo company, Owens Corning, has a trademark on a particular shade of pink. I can't remember the exact PMS color, but I used to work for a screen printing company where we made all their displays for trade shows. They were VERY picky about their pink. It had to be EXACT!
From Wikipedia ( owens corning):
"Among the many products of Owens Corning is its fiberglass insulation. Since 1956, the company's insulation has been dyed pink to provide visual contrast; the company became so associated with its pink insulation (originally planned as red, but the dye was not sufficiently concentrated, resulting in its current, trademarked light pink coloring) product that it even registered the term "PINK" (in capital letters only) to refer to its insulation. It was granted a trademark on the color in In re Owens-Corning Fiberglas Corp., 774 F.2d 1116 (Fed. Cir. 1985)."
 
tr674 Nov, 2007
That's as dumb as Paris Hilton or Donald Trump owning everyday phrases, just something lawyers can fight other lawyers for. They could learn something from broadcasting. Radio stations only have so many rights to a particular band of the EM spectrum, but there are legalities to the specific numbers as used in names. Take "107.7 The End" for example. It's all about context.
 
Kidazy4 Nov, 2007
Are you kidding me? That's the most idiotic thing i've read in a while, claiming ownership to colors or everyday words has to be impossible to enforce...I bet their attorneys get paid a good amount and it sure seems like they stay on their toes!
 
silver4 Nov, 2007
Pantone #0607298 = UPS brown (trademark)
"THE COLOUR PURPLE" = trademark by Cadbury Confectionary Litd.
bright green rectangle = H&R Block (trademark)
Pantone #1837 = Tiffany blue (trademakr)
bright yellow rectangle = Sprint
Some others arranged colorfully at this link. Mouse over to see who "owns" each color:
http://www.bureauofcreativecommerce.com/alllogos/Color.htm
The ColorMatters link that LizCrimson gave above is also especially informative. This crazy stuff has been going on a long, long time.
 
electrikm…4 Nov, 2007
so.. . are they going to sue me then?
 
jimmeah5 Nov, 2007
Hej Colourlover,
Thanks for the post!
Can I use these investigations of yours on reclaimmagenta.net?
/ Kasper
 
Mocheeze5 Nov, 2007
Home Depot also owns a particular orange PANTONE shade.
 
djuro5 Nov, 2007
T-mobile sucks big time. That poor color...
 
RGB_Al5 Nov, 2007
So no mobile Barbie then?
 
retsof5 Nov, 2007
Pantone itself can be especially nasty. Most lists of Pantone colors out there are attacked aggressively, although they can't do much about situations like the above where somebody wants to grab a particular shade for their logo. Here is one former lister who posted the Pantone cease and desist order:
http://www.degraeve.com/reference/pantone.php
I have seen some paint color pages that list the pantone hues, WITHOUT any kind of reference to the Pantone numbers.
 
retsof5 Nov, 2007
ALL of our magenta?? Here is one from the 1930s:

This color stamp has faded over time, and I assume that T-Mobile will, as well.
Does Crayola need to license this from T-Mobile?

 
retsof5 Nov, 2007
Answers.com says that THIS is the color of T-Mobile magenta

 
holuxian5 Nov, 2007
Back in the mid 80's and early 90's my wife was a rather successful Tupperware manager. Being a graphic designer, I did her business cards myself, using the logo and colors specified by Tupperware corporate. The color scheme: magenta and grey. Wonder if Tupperware could go after T-Mobil for stealing their colors....
 
retsof5 Nov, 2007
I am posting comments too quickly. Slow down, it says. Is TIME something also to be grabbed for others?
I made several T-Mobile sucky colors in case I need them.
Somebody parked this domain. We'll see whether they do anything with it.
http://t-mobilesucks.com/
 
PinkLemon…5 Nov, 2007
In that case I would like to trademark the following colors/hues:
sky blue
black
white
orange
from now on any usage of these colors without my consent will be punishable to the full extent of the law
THANK YOU FOR YOUR ATTENTION
 
The Coole…5 Nov, 2007
The colors and the rights to them are based on the companies sector in the market!
 
aerodi5 Nov, 2007
I have a question... It probably varies from country to country but in Mexico you can't register nouns as trademarks, for example you can't register "Bread" or "Pintura" because those are common words and if registered... what would happen to the language?
Would the same thing apply to the word "magenta" ? It should. This post made me mad at big corporations.
 
tenkerasu5 Nov, 2007
... wtf?
seriously, what is wrong with people? this is disgusting...
 
bijoulove…5 Nov, 2007
Now, anyone that has ever created an identity for a company knows it's important to have something that is unique and makes that company stand out... HOWEVER, you can OWN colours! (?)
While being a watchdog for a number of brands, I've become familiar with the practice of making sure I'm using the correct Hex or PMS colours on all promotional materials, but I've never heard of outlawing or rendering colours off limits... isn't is just supposed to be deriviate works, like if I made a C-Mobile campaign with Magenta, then I could see them having a problem with it... but this is out of hand.
So... either Vonage or Ing Direct or Easy Everything has to give up the colour orange to promote themselves, because, well, only one of them can use it? Or Vodaphone and Virgin are going to fight over Red? This is not where design is supposed to lead us...
 
stltskn6 Nov, 2007
this is crazy, its like apple would have trademarked white.
 
retsof6 Nov, 2007
See the color names. This is a palette.

 
The Coole…6 Nov, 2007
what or who is this LINKlove?
 
bijoulove…6 Nov, 2007
@ The Cooler...
when some other blog links to the CL blog I think it posts (CL Server side) as "LINKlove"
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[...] is not meant as legal advice or analysis and should not be taken as such.Hey, does T-Mobile really own magenta? I was just about to redesign my blog, and that was going to be the main [...] | | T-Mobile/DT owns the color magenta - Leica User Forum 12 Nov, 2007
[...] owns the color magenta Came across this today, via a link on The Online Photographer: Color + Design Blog / Beware! T-Mobile Owns the Color Magenta by COLOURlovers I want to state, categorically, that I always use IR cut filters on my M8, and am therefore not [...] | | LS graphic design » Magenta libero!! 13 Nov, 2007
[...] Tra i vari siti segnaliamo: un Pool di Flickr, dove tutti gli utenti mandano immagini virate al magenta; il sito Freemagenta.nl, con numerose immagini di protesta davvero originali; una pagina con ultime notizie e un elenco di possibili proteste. Ovviamente c’è anche un gruppo di Facebook: «Reclaim Magenta!». Qualche informazione legale in più qui e su colourlovers.com. [...] | | weme » Per la serie “era della condivisione” 14 Nov, 2007
[...] che rimbalzare, con un poco di sconforto la notizia che troviamo in questi giorni in rete (si veda colourlovers.com, fontblog, adverblog): pare infatti che T-Mobile - compagnia telefonica tedesca – abbia [...] | | Liberate il magenta « .maxxeo 14 Nov, 2007
[...] nei siti e nei blog della Germania: un sopruso che i tedeschi non sono stati a guardare con le mani in mano. Arrivando addirittura a scovare comuni milanesi scherzandoci [...] | | » GRAPHICS UPRISING » STRADAioli 15 Nov, 2007
[...] Sul web intanto si moltiplicano i siti e i blog di protesta. Al grido di “Liberate il magenta”, i navigatori chiedono che il colore torni di pubblico utilizzo. I più arrabbiati sono i tedeschi, perché la questione penalizza soprattutto loro. E si sono dati da fare creando siti in tedesco e in inglese, dai colori sgargianti, anzi dal colore: perché è ovviamente il magenta che la fa da padrone. A metà strada tra il serio e il faceto, ma con l’obiettivo concreto di fermare la T-Mobile tedesca, “We have to stop them”. E il sito colourlovers.com ironizza: “Tutto il tuo magenta appartiene a noi…“. [...] | | Brevettare un colore » Il blog di Claudio Cherubino 15 Nov, 2007
[...] web sono apparsi tanti siti di protesta, tra cui FreeMagenta e COLOURLovers, che mostrano l’assurdità di tali [...] | | Strategie marketingowe - marketing szeptany i wirusowy - newsletter marketing - e-pr - Think-a-head.org | Kolorowa wojna T-Mobile, czyli co daje opatentowanie koloru? 15 Nov, 2007
[...] kampanii T-Mobile spowodował dosyć silną reakcję internautów (więcej przykładów choćby tu, tu, tutaj i tu). Analiza problemu sprowadza się - oprócz pytań o prawa autorskie, politykę [...] | | Muuumba.com » Blog Archive » Free Magenta 15 Nov, 2007
[...] del Magenta non solo si sta muovendo la Comunità Europea ma si stanno mobilitando tantissimi amanti dei [...] | | Look at all the pretty colours 16 Nov, 2007
[...] All your magenta are belong to us Share and Enjoy: These icons link to social bookmarking sites where readers can share and discover new web pages. [...] | | Levysoft » E’ possibile registrare il codice RGB di un colore ad uso esclusivo di una azienda? 18 Nov, 2007
[...] web intanto si moltiplicano i siti e i blog di protesta. Al grido di “Liberate il magenta”, i navigatori chiedono che il colore torni di [...] | | thehappycorp.com » Blog Archive » C YK>>[M] 19 Nov, 2007
[...] to Colour Lovers, since DT trademarked magenta in the tele-communications sector it means that T-Mobile could shout [...] | | Creative Ant BLOG » Caso magenta, un colore sotto cotrollo. 19 Nov, 2007
[...] di un logo, di un sito ma non di un colore link qui. Dilagano i siti che protestano come colourlovers (con un suo link apposito) come [...] | | Web 2.0 » T-Mobile bezit Magenta 21 Nov, 2007
[...] [...] | | Pixel y Dixel » Free Magenta (liberemos el color magenta) 22 Nov, 2007
| | Liberemos el color magenta 22 Nov, 2007
[...] que ya hace tiempo que no pongo nada de ellos, comentan que en los últimos días se ha montado bastante revuelo porque en Alemania y Holanda el color magenta es una marca registrada de la empresa de [...] | | El magenta sale de la pantonera para ser patentado « Sputnik-arte.com-El Blog 24 Nov, 2007
[...] los últimos días se ha montado bastante revuelo porque en Alemania y Holanda el color magenta es una marca registrada de la empresa de [...] | | T-Mobile Trademarks Magenta * Stellify 24 Nov, 2007
[...] COLOURlovers warns against the use of said color in the industry which the company belongs to. It's telecommunications, and that's a pretty broad area. [...] | | Frustration by Design » All Your Color Are Belong to Us: Trademarked Colors 25 Nov, 2007
[...] Colourlovers.com recently posted an article entitled Beware! T-Mobile Owns the Color Magenta… or should that have been written the color “Magenta™”? [...] | | ¡T-Mobile registra el color magenta! < Proyectando Ideas. 26 Nov, 2007
[...] sí, como lo lees. T-Mobile ha registrado el color magenta como parte (del todo), de su imagen corporativa. ¿Y cómo puede ser esto posible? Ellos alegan que [...] | | El Geek Errante · El Geek Errante: transmisión #23 27 Nov, 2007
[...] All Your Magenta Are Belong To Us: T-Mobile tiene la marca registrada del color Magenta [...] | | SKAGGS Blog — attract:engage:evolve » Blog Archive » T-Mobile Owns The Color Magenta? 10 Dec, 2007
[...] Lovers recently highlighted the almost unbelievable story that T-Mobile and its parent company Deutsche Telekom (DT) have trademarked Color No. 395 52 630, [...] | | FuKdAtShhh DoT CoM » Blog Archive » Know Your Rights: Does T-Mobile really own magenta? 11 Jan, 2008
[...] does T-Mobile really own magenta? I was just about to redesign my blog, and that was going to be the main [...] | | loveof74 » Blog Archive » Free Magenta 18 Jan, 2008
[...] Nota de Love: La prohibición, tal y como se puede ver en la web linkada, hace referencia a la prohibición de uso de las empresas alemanas, no de las de todo el mundo mundial. Que también tiene su aquel, pero menos Parece que la prohibición es más amplia [...] | | Sun buys MySQL « С.Т.Р.А.Н.Н.О. aka S.T.R.A.N.G.E. 19 Jan, 2008
[...] value= #ED007E). Пълният текст може да прочетете от статията на ColourLovers(на английски). [...] | | Free magenta! « handyfloss 21 Jan, 2008
[...] the magenta color (#FF0090) in 2000. Read more in Spanish at Tecnoaldea.NET, and in English at COLOURlovers. As Servicemarks comments, Red Bull also sort of owns a [...] | | T-Mobile Wants To Own Magenta 4 Feb, 2008
[...] COLOURlovers was warning us about this pinkish hostile takeover back in November of 2007, citing some of Deutsche Telekom AG’s claims. It’s not exactly clear: …the colour magenta [and other designs and logos] are registered and/or unregistered trademarks of Deutsche Telekom AG in the US and/or other countries. [...] | | FactorSim » El color magenta se puede patentar? 19 Feb, 2008
[...] Según podemos leer en colourlovers [...] | | zombix : Deutsche telekom posjeduje magenta boju 1 Apr, 2008
[...] from the Dutch agency LAVA to reclaim magenta! >> Reclaim Magenta Group on Flickr >> Colour Lovers News: Beware! T-Mobile Owns the Color Magenta >> Borderers on this topic: Color Complexities >> Wikipedia On Magenta >> The [...] | | :: cykopath :: ramblings :: | Copyright Buttholes 2 Apr, 2008
[...] Property. Not long ago someone noticed Deutsche Telekom AG, parent company of T-Mobile, claimed it owned the patent on the color magenta in the trademark statement on its website. Other, more heavily trafficked sites picked up on the story, and Engadget (one of my daily reads) [...] | | El Bloc de Districte Digital » » T-mobile compra el color magenta a Alemanya i Holanda 18 Apr, 2008
[...] Evidentment, aquesta notícia genera moltes respostes contraries que arriben a la blogsfera, Beware! T-mobile owns the color magenta és un bon post al blog de colourlovers, deixa clars els aspectes més legals. You need to a [...] | | T-mobile compra el color magenta a Alemanya i Holanda « Habitar la Ciutat 25 May, 2008
[...] aquesta notícia genera moltes respostes contraries que arriben a la blogsfera, Beware! T-mobile owns the color magenta és un bon post al blog de colourlovers, deixa clars els aspectes més legals. Publicat per [...] | | What colour would you buy? « 20sk 26 May, 2008
[...] is something I’ve just found while digging about my hard drive. I did it when I heard that story about T-Mobile trying to buy the colour magenta, or copyright it or whatever it was they did. I [...] | | T-Mobile est propriétaire du magenta - Gizmodo - Être autant amoureux de ces étonnants jouets, c'est contre nature 21 Jul, 2008
[...] convaincu? [colourlovers via [...] | | Color + Design Blog / Color in Marketing: Yahoo Goes All Purple by COLOURlovers 11 Oct, 2008
[...] of clothing. I could put my pink back on for breast cancer… I certainly can’t use magenta anymore, thanks to t-mobile… Man, I better start grabbing up some colors of my own before [...] | | Pink - Page 2 - DesignersTalk 25 Nov, 2008
[...] Color + Design Blog / Beware! T-Mobile Owns the Color Magenta by COLOURlovers [...] | | Color + Design Blog / Does Magenta Exist? by COLOURlovers 24 Feb, 2009
[...] other color has been making news like magenta... First it was about T-Mobile's (Deutsche Telekom) ownership of the color, and now it's in the color news again for not even existing. So, does magenta [...] | | Prohibidos los coches magenta | Ni me va, ni me viene 16 Mar, 2009
[...] he visto aquí y aquí y en freemagenta podéis ver todas las [...] | | bastet in the sky with diamonds » » magenta 31 Mar, 2009
[...] fonte :: repubblica.it colourlovers.com [...] | | What do your brand colours say about you? | LitmanLive.co.uk 7 Jun, 2009
[...] They had no idea the backlash that was going to follow soon after, here, here, here and here. Not to mention the the 549 comments on Engadget’s post on the topic. The word [...] | | mental_floss Blog » November 7, 2007 21 Jun, 2009
[...] T-Mobile Owns the Color Magenta. Really, can they do [...] | | How can anyone trademark "Submission" - Page 2 - Sherdog Mixed Martial Arts Forums 24 Jul, 2009
[...] T-Mobile trademarked the color magenta. Color + Design Blog / Beware! T-Mobile Owns the Color Magenta by COLOURlovers __________________ WAR CroCop, Hazelett, Torres, Shields, Bones, and [...] |
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