Telekom and Magenta

Lorenzo Litta

Everyone who deals with IP matters is aware of the "fair tale" on the Magenta case. Everyone who deals with IP is also linking and relating decisions with the Orange case. Once I don't want to discuss directly on this matter because this topic has been already exploited deeply by high-qualified jurists. But this is not the focus point. Even if maybe in Italian language something new should be said, according to the fact that on national newspapers this matter has been reported in a wrong way...

I would like to try to ask to everyone in this weblog what do you think on the monopoly on a colour. This would mean not your point of view on these particular trademarks but in general whether you believe that a trademark registration would be the only valid protection. I personally deem that it is not enough, or better it is not necessary. What does it mean? Keeping the mind in telecommunications, raise the hand who do not believe that "red" is distinctive for Vodafone! In my poor opinion I believe that for this kind of trademarks more than in other cases, it is the consumer who is sovereign: each housewife can easily remember the colours connected to a Company because there are only a few competitors and are each quickly distinghished!

In conclusion I repeat: it is not always necessary to register a sign to protect it!

Please argue!