Looks like T-Mobile is ready to defend their trademark magenta color. They've now filed a lawsuit against AT&T's AiO wireless prepaid carrier. This is likely to resemble the case when T-Mobile sued Engadget over the magenta color. And yes, T-Mobile does have a trademark on the color.
Law360 is stating that T-Mobile filed the lawsuit last Friday, in a US District Court in Texas. T-Mobile alleges that AT&T launched AiO after T-Mobile unveiled its Simple Choice Plans.
"AT&T's subsidiary's use of magenta to attract T-Mobile customers is likely to dilute T-Mobile's famous magenta color trademark, and to create initial interest [and] confusion as to the source or affiliation of AT&T's subsidiary's business," T-Mobile said in its complaint.
"Aio adopted, is using, and intends to continue to use, magenta in connection with its wireless products and services despite knowledge of T-Mobile's substantial use of, and upon information and belief despite knowledge of T-Mobile's exclusive rights in, the magenta mark," the complaint said.
Aio is a brand new AT&T MVNO, which is actually owned by AT&T unlike Straight Talk an the many others. It's currently serving cities like Orlando, Tampa, Jacksonville, Gainesville, Ft Myers, and Naples, Florida in addition to Houston. A spokeswoman for Aio denied T-Mobile's claims and stated that the color used by the carrier on its branding and website is not the same shade of magenta as what T-Mobile uses. Aio says "T-Mobile needs an art lesson" according to a spokeswoman who spoke with Law360. "Aio doesn't do Magenta."
It wasn't too long ago that AT&T and T-Mobile were about to become one. Now T-Mobile is pulling out all the stops on AT&T. Not only bashing them whenever they can, but now suing their prepaid carriers for using their colors. We'll have to see how this pans out, but I'm sure T-Mobile's CEO is going to be bashing Aio on Twitter soon, unless it would effect the lawsuit.
Should T-Mobile being suing AT&T and Aio over the magenta color? Let us know in the comments below.