An in-house friend passes this along, with the note, “A good entry for your continuing series on preposterous misapplications of trademark law”:
Deutsche Telekom / T-Mobile demands Engadget Mobile discontinue using the color magenta
Yeah, a cease and desist letter is one way to “open up a dialog.” But doing that with a top blog such as Engadget, you might not open up quite the dialog you were looking for.
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The question of whether consumers are likely to be confused is the signal inquiry that determines if a trademark infringement claim is valid. This blog is about trademark law, copyright law, free speech (mostly as it relates to the Internet) and legal issues related to blogging.
As for me, I'm Ron Coleman, a commercial litigator, business attorney and, some say, "IP maven" with a special interest in copyright and trademark infringement involving the Internet--including advising clients how to avoid them. I am also a writer and general counsel of the notional Media Bloggers Association.
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[...] reported earlier about T-Mobile / Deutsche Telekom’s attempts to assert rather far-flung trademarks rights [...]