In Script 12.1 A Colour Problem
Business News now and telecoms firm ***,it maybe taking legal proceedings against new comer and potential rival in the telecoms market,Frontline. Frontline recently run a series of TV commercials in which all its sell staffs wore distinctive purple T-shirts.Galico,whose trademark brand name appears a similar shade of purple hasn't said it will sue Frontline,but it is considering its position.Well on the line to discuss this story is lawyer and legal expert in trademark law,Raney Maxman,for the London basic firm Parkers and Maxman:Good Morning!
So Raney,I was wondering how serious Galico is about all this?Surely they only have case against company which infringes trademark by using a similar name,don't they?
Well known,in fact there are a number of examples where companies or brands have try to prevent others from using what they consider as trademark colours.Take the case of the mobile phone company Orange trying to stop Easymobile using the colour orange.The Easy Group Company had used orange on all its previous ventures,but when it launched rival mobile phone brand,the operator Orange said Easymobile was breaking the law by using its colour in the same market place.Then there was the oil company BP whose logo is green and yellow,~~`against Irish petrol company who try to panic its petrol stations green.
So do you think you can use the same colour as long as your product is different?
Absolutely,for example,the food manufacturer Hins uses turquois on its cans but it couldn't stop someone from using the same colour on,see bicycles.
Can you tell me if does there anything else you can buy the rights all?
Oh,sure.Trademarks mean firms have rights over anything like colour or shape.
Shape as well?
Absolutely,take Toblerone,they have the rights on triangular boxes for their chocolate.
So bet Telecom and Galico,I'd like to know what do you think the outcome will be if they gets the court,who win?
Well,I am not the judge,but if the prosecution can prove the colour will confused customers and damage Galico's business,then they might just win it.
Raney Maxman of Parker Maxman,thank you very much |