Oxy smartwatch maker changes logo following complaint from T-Mobile parent Deutsche Telekom

oxylogodeutschetelekomlogo

Last year, AT&T was ordered to stop infringing on T-Mobile’s trademark magenta color with the logo of its AIO Wireless prepaid brand. Now another company has found itself in some legal crosshairs over the magenta color.

Oxy, a UK-based company that is currently selling a smartwatch on Indiegogo, has revealed that it recently received a “notice of threatened opposition” to the trademark for its logo that it filed on August 19. You can see the logo above. The notice, which was delivered on November 3, came from Deutsche Telekom, parent company of T-Mobile. And while Oxy can’t divulge any of the details of the notice due to a confidentiality clause, you can probably figure out the reason for DT’s opposition to the Oxy logo.

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Oxy founder Raffaele Garofalo has put up a blog post explaining the steps that his company took after receiving DT’s notice. The company learned that DT has targeted companies over the color magenta multiple times in the past, and after speaking with their advisors, they determined that they could either try to work with DT and pay to use the old logo or simply come up with a new one. Since Oxy is hard at work on a smartwatch and they didn’t know how often DT actually lets other companies pay to use magenta-ish logos, Oxy decided to simply create a logo using Black Kohl, Yellow, and White colors.

I mentioned before that DT has gone after a few other companies for using magenta logos, but most of those were involved in wireless or networking, like DT and T-Mobile. Oxy is a smartwatch company, which makes DT’s action seem a bit strange. Maybe DT thought that some folks might think that Oxy smartwatches are sponsored by or related to T-Mobile in some way? Maybe DT is just aggressive when it comes to the color magenta and hues that look similar to its own Magenta? Maybe a bit of both? Whatever the case, it seems like it’d be wise for any company involved with technology in any way to avoid using magenta in their logo.

Via: Android Police
Source: Oxy

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  • EAS

    Okay, DT, I love Tmo. But this is getting out of hand. You don’t own all colors similar to magenta. Let’s focus on what’s actually important.

    • The problem is if they hold a trademark/patent they have an obligation to protect it or they risk losing it.

      • DStudio

        Protecting oneself and bullying others are two different things.

  • That’s kind of a jerk move on DT’s part. But the newer logo at least looks better than the magenta one.

    • Fabian Cortez

      So in your view, a company shouldn’t protect its patent(s)?

      • T-Mo color is registered to the telecom providers catagory, OXY was registered under device OEM catagory.

      • DStudio

        It IS a jerk move. DT is being a big bully. It’s not even the same color! And there’s no confusion with the font either.

        DT knows that a company depending on $250K in crowd-sourced funding can’t fight them. They could end up spending that whole amount in legal costs.

        OXY should fight them on principle. The problem is it would stop them from fulfilling the purpose they set out to do in the first place, which is to produce smart watches!

        Maybe DT should sue Indiegogo! /s All the button on their site – plus their logo – are in magenta, after all. Maybe they should start sueing art students and paint companies!

        • Fabian Cortez

          It’s not even the same color! And there’s no confusion with the font either.

          That’s your opinion.

          But can you speak for the 7+ billion people on this planet? Would you be able to convince a judge that there would be no confusion?

        • DStudio

          No, it’s not my opinion, it’s an objective fact. Anyone can see this for himself.

        • Fabian Cortez

          No, it’s not my opinion, it’s an objective fact. Anyone can see this for himself.

          You can state that it is an “objective fact” that no one will ever be confused? I’d love to see you waste money and time to try to prove that in a court of law.

          Until then, this is nothing but your opinion.

        • DStudio

          Stop acting ignorant. It only takes two seconds to notice the difference in the color and the font.

        • Fabian Cortez

          Stop acting ignorant. It only takes two seconds to notice the difference in the color and the font.

          Hypocrisy much?

          The fact that you would say that (“It only takes two seconds to notice the difference in the color and the font”) proves that you don’t know what you’re talking about.

          And that’s why you don’t work for the patent office and why you don’t have any patents.

        • DStudio

          You’re right. I’m the common man. I’m the one DT and T-Mobile are advertising to. We’re the yardstick by which Trademark infringement is measured. It’s only a problem if we’re easily confused by it, thinking they’re affiliated with T-Mobile.

        • Fabian Cortez

          You’re right. I’m the common man. I’m the one DT and T-Mobile are advertising to. We’re the yardstick by which Trademark infringement is measured. It’s only a problem if we’re easily confused by it, thinking they’re affiliated with T-Mobile.

          Yes and no.

          The difference here is that the company that owns the patent and wishes to protect it is mitigating and potential future issues. Think about the hot coffee and McDonald’s event.

          Just because you wouldn’t confuse the color doesn’t mean someone else wouldn’t.

        • Adam

          I agree that this is in the questionable category. One thing you have to realize is if DT tried to sue the next company, that next company would use Oxy as evidence that next company is not infringing.

        • DStudio

          That’s a very good point.

          Except in this case I think OXY is so dissimilar that they would never think of the comparison.

          So they didn’t have to go after them in the first place.

        • eanfoso

          Ditto on that, indiegogo’s logo is very t-mobile esque.

      • eanfoso

        It It nothing to do with cellular service so there was no reason to get this douchy.

        • Fabian Cortez

          It It nothing to do with cellular service so there was no reason to get this douchy[sic].

          Good, then you can provide Oxy with some legal advice on defending themselves in court against Deutsche Telekom.

        • eanfoso

          Omg yes! I can see it in the headlines already! Young man solves douchy move by Deutsche Telekom. You sire just solved the magenta crisis with that suggestion.

        • Fabian Cortez

          Omg yes! I can see it in the headlines already! Young man solves douchy move by Deutsche Telekom. You sire just solved the magenta crisis with that suggestion.

          No, it would be you that solved the problem if up to the task.

          What I am suggesting is exactly what Deutsche Telekom is doing and why Oxy is not fighting this in court. Even though you would want this startup to waste valuable resources in fighting something they are more than likely not to win.

          This is what the article is about. Accept it and move on.

        • eanfoso

          Aw I feel flattered. If you actually read the article, you’ll see that the writer conveys tone of being in disagreement like many of us in regards to DT to pursue a lawsuit against a non cellular company. What’s next? Barbie?

        • Fabian Cortez

          Aw I feel flattered. If you actually read the article, you’ll see that the writer conveys tone of being in disagreement like many of us in regards to DT to pursue a lawsuit against a non cellular company. What’s next? Barbie?

          Please explain to me and everyone else how you were able to perceive tone in text without it being explicitly expressed.

        • eanfoso

          Sure thing :)

          I mentioned before that DT has gone after a few other companies for using magenta logos, but most of those were involved in wireless or networking, like DT and T-Mobile. Oxy is a smartwatch company, which makes DT’s action seem a bit strange.

          This and well pretty much the last paragraph gives a lot of questionable actions, the writers always make rhetorical questions about what they don’t agree or perceive as odd. I’d quote a little more but I’m on my mobile.

        • Fabian Cortez

          Sure thing :)

          I mentioned before that DT has gone after a few other companies for using magenta logos, but most of those were involved in wireless or networking, like DT and T-Mobile. Oxy is a smartwatch company, which makes DT’s action seem a bit strange.

          This and well pretty much the last paragraph gives a lot of questionable actions, the writers always make rhetorical questions about what they don’t agree or perceive as odd. I’d quote a little more but I’m on my mobile.

          The clear answer is: there is no tone in text.

        • eanfoso

          Aw denial much?

        • Fabian Cortez

          Aw denial much?

          You must be the one in denial considering you have yet to prove your claim, with facts, that tone in text exists.

          It doesn’t and neither does this conversation any longer.

          Now back to the article and subject at hand.
          Fact: DT holds the patent and Oxy [wisely] chose not to fight this. The [unwise] one here who is continuing to fight a non-battle, about two companies that are clearly over it, is you.

          Have a good day.

  • Guest

    So is SoftBank going to go after their new colours because it looks like Sprint?

    • Fabian Cortez

      #NoMoney

  • peharri

    They don’t even seem to be the same magenta, if the logo at the top of the page is the actual logo Oxy was going for.

    And yeah, I really don’t like the idea that a corporation owns a “color”, even a corporation I normally like. Trademarks are a good idea, they do help fight confusion and reduce the potential for fraud, but saying a color signifies a particular company is going way too far.

    • Fabian Cortez

      They don’t even seem to be the same magenta, if the logo at the top of the page is the actual logo Oxy was going for.

      That’s exactly the problem. However, DT would be able to prove, in a court of law, that the consumer could possibly confuse and/or associate Oxy with DT. Instead of fighting that battle, Oxy chose the cheaper route.

      Companies do this all the time.

      • All the need is an “expert” that’s color deficient and even the ATT logo looks like the T-Mo logo.

    • Adam

      One thing to keep in mind is Oxy sells watches, like DT sells watches. DT, for example, would have a hard time preventing someone from selling magenta ice cream. Personally, I would not confuse these two companies, but I pay more attention than the average moron.

  • Nate

    I say this is stupid and petty. I think they should focus some of the apparently excess of capital and spend it on their own products and services.

  • Tmo1082

    DT can get away with this because DT logo is “Magenta.” If DT logo was pink, blue, red, yellow, or any other basic color it wouldn’t be so easy for them to tell other companies not to use the color. It’s really smart of DT to use a trade mark color instead of a basic color. Otherwise DT would have to fight how the logo looks to similar.

  • MadJoe

    The new Oxy logo looks 100x’s better anyway.

  • JTrip

    Glasses should be bought online.