By Lisa Johnston
New products on display at the American International Toy Fair, held in N
Houston – A U.S. district court ruled in T-Mobile’s favor in granting a preliminary injunction against the use of the color plum by AT&T subsidiary Aio Wireless in its advertising and marketing materials and in its store design.
No-contract carrier T-Mobile accused Aio, also a no-contract service provider, of infringing its trademarked use of the color magenta by choosing the “confusingly similar” plum color.
"T-Mobile has shown a likelihood that potential customers will be confused into thinking that Aio is affiliated or associated with T-Mobile based on the confused association between Aio’s use of its plum color and T-Mobile’s similar use of its similar magenta color,” the court decision stated.
Said T-Mobile, “The court's ruling, coming after extensive argument and a three-day hearing, validates T-Mobile's position that wireless customers identify T-Mobile with magenta and that T-Mobile's use of magenta is protected by trademark law.”
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