T-Mobile v. Engadget [1]

On March 20, 2008, Deutsche Telekom, the parent company of T-Mobile [2], sent a letter to Weblogs, Inc., the company that runs Engadget [3], requesting that it stop using the color magenta in the logo for its Engadget Mobile [4] news blog. The letter, which is available [5] on Engadget, states that T-Mobile has been "using the color magenta as a company identifier and core branding element for years," and that "the company therefore holds trademark protection for the use of this color in connection with its products and services in many territories around the world."

The letter goes on, in an uncommonly polite tone for a C&D, to indicate that customers might be confused about T-Mobile's relationship to the blog. Even more diplomatically, it continues: "we would therefore appreciate if you would replace the color magenta in the Engadget Mobile logo and discontinue using the color in a trademark-specific way on your website." The letter concludes with a request that Engadget "respond with any comments" within two weeks. T-Mobile officers deny that this is a cease-and-desist letter at all (which is a plausible reading), indicating instead that it was meant to "open a dialogue."

Engadget does not see the letter as a request or invitation to dialogue, but as a demand (also a plausible reading). And the blog has responded by posting the letter [5] and arguing that there are no grounds for confusion. Engadget has also changed its logo [6] in jest to make it look more like T-Mobile's. A number of other tech and mobile phone bloggers have "gone magenta" in solidarity with Engadget (here [7], here [8], here [9], and here [10]). As of April 3, T-Mobile has taken no further action.