After first filing suit against AT&T Mobility last year over the perceived infringement of its trademarked magenta color scheme that is integral to its brand, T-Mobile has been granted an injunction against its main competitor by a judge. T-Mobile announced today that a Federal Court in Texas has ordered the AT&T subsidiary to stop using the “plum color as a central part of its trade dress” as it was considered “confusingly similar” to its own trademarked magenta color in court documents.
T-Mobile initially claimed the Plum color in question in Pantone 676C currently used by Aio Wireless in branding and marketing is so similar to its own Pantone Process Magenta that it “dilutes its strength and likely causes confusion among consumers.” The court’s injunction will prevent Aio from using the plum color in advertising, marketing and store design from today forward and will likely mean a retirement of all current marketing that isn’t color neutral.
AT&T is currently in the process of purchasing the Cricket Wireless brand, which will be the main flat-rate wireless brand in the future and will replace the Aio Wireless brand in due time, however the court decision will likely speed that process up in order to avoid additional legal problems in the future.
Update: Alejandra Arango, director of media relations at Aio Wireless has released the following statement regarding the decision:
“While we disagree with the court’s decision, it addresses advertising and store designs that we are no longer implementing. Accordingly, this decision has no effect on our advertising plans”
