updated 02:40 pm EST, Sun February 9, 2014
Judge finds Aio Wireless color choice infringes trademark
The case for the use of the color magenta in the mobile marketplace filed by T-Mobile against Aio Wireless, an AT&T subsidiary, has dealt a blow to the smaller no-contract carrier by a federal court. An injunction has been granted in favor of T-Mobile which restricts Aio from further use of the color.
Aio Wireless had referred to their color choice as being plum, but the courts didn't appear to see it that way. In the court filing obtained by The Verge the ruling states that the plum shade used, Pantone 676C, is close enough to the Pantone Process Magenta that T-Mobile uses.
Judge Lee H. Rosenthal ruled in favor of T-Mobile against Aio Wireless using "large blocks or swaths of Pantone 676C and confusingly similar shades in its advertising, marketing and store design." It was found that customers identify the color to T-Mobile and that the use of the color is protected under trademark.
The documents had been temporarily sealed until a meeting on February 3 to determine if any confidential information was to be redacted from public records.