Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


507 posts

Ultimate Geek
+1 received by user: 32


Topic # 115081 13-Mar-2013 11:19

This add had me confused. (saw it in the herald as a banner)

I thought this was a add for snap as the colours was so similar



I thought this was a add for Orcon again as the colour was so similar



But no it is adds for Telstra

The normal colour for them is blue and purple.



Ahh well made me go wait...what! Thought I would share :D

Create new topic
197 posts

Master Geek
+1 received by user: 43

Trusted

  Reply # 781001 13-Mar-2013 11:21
Send private message

Cadbury sued Nestle once for using the colour purple... and won.

http://www.confectionerynews.com/Regulation-Safety/Cadbury-upholds-purple-reign-in-colour-trademark-row-with-Nestle

Colours are a key determinant in any brand so this kind of faffing about is generally frowned upon.

Mad Scientist
18454 posts

Uber Geek
+1 received by user: 2339

Trusted
Lifetime subscriber

  Reply # 781027 13-Mar-2013 11:46
Send private message

some cyber browsing lawyers would pick this up any time now :)

6434 posts

Uber Geek
+1 received by user: 1571


  Reply # 781036 13-Mar-2013 11:52
Send private message

Telstraclear have been using multiple colours for a long time. I don't understand it. No consistency IMO.

Telecom - Blue (used to be blue, green, yellow, grey)
2Degrees - Light Blue
Vodafone - Red
Orcon - Purple
Slingshot - Red and Black
Snap - Orange
Woosh - Green
Telstraclear - orange, purple, blue, yellow, red in varying shades. Very odd.

473 posts

Ultimate Geek
+1 received by user: 47


  Reply # 781080 13-Mar-2013 13:29
Send private message

Didn't the Yellow Pages copyright the colour yellow or something?
I seem to remember some dispute.

197 posts

Master Geek
+1 received by user: 43

Trusted

  Reply # 781081 13-Mar-2013 13:30
Send private message

It certainly does and has defended it.

This isn't to say these companies "own" these colours, but if you set up a competing business (a directory listing, for example) you can't use that colour to sell the product.

Cadbury is purple, Yellow Pages is yellow and so on.

13986 posts

Uber Geek
+1 received by user: 1763


  Reply # 781084 13-Mar-2013 13:41
Send private message

Don't you have to specifically trademark the colour though. Possibly the colour hex code or pantone number. Or is it automatically copyrighted? I didn't get any association with snap or orcon through those ad colours myself. Telstras colours have been quite confused for some time, although you could arguably say that they have been using orange for a lot longer than any other ISP as that was on their logo.

197 posts

Master Geek
+1 received by user: 43

Trusted

  Reply # 781087 13-Mar-2013 13:43
Send private message

mattwnz: Don't you have to specifically trademark the colour though. Possibly the colour hex code or pantone number. Or is it automatically copyrighted? I didn't get any association with snap or orcon through those ad colours myself. Telstras colours have been quite confused for some time, although you could arguably say that they have been using orange for a lot longer than any other ISP as that was on their logo.


Certainly Cadbury fought on a particular colour code, but from memory Yellow argued just about the use of the colour yellow in advertising.

(TM)s and (R)s are important but if you've established a brand and are consistent with it for many years I think you'd have the weight on your side (I'm thinking about the Warehouse with its red sheds for example).

I'm no lawyer though... this is just observation over time. Happy to be proven wrong.

1804 posts

Uber Geek
+1 received by user: 330

Subscriber

  Reply # 781091 13-Mar-2013 13:51
Send private message

Like Coke with their "dynamic ribbon"...red with a white twist through it - instantly identifiable as coke...






Handsome Dan Has Spoken.

6434 posts

Uber Geek
+1 received by user: 1571


  Reply # 781095 13-Mar-2013 14:14
Send private message

it's fairly subjective, but I beleive has to do with whether a colour is so strongly associated with a brand that to use the same colour in a competing business would be seen as an attempt to confuse customers into thinking that you are the same company.

so with cadbury they (successfully) argued that the purple colour is such a strong part of the cadbury brand that for a competitor to launch a chocolate bar using the same colour is a clear attempt to confuse customers into buying the competitor product mistaking it for cadbury.


I'd be surprised if any ISP was so strongly associated with a colour that they could argue for protection against other ISPs using that colour,  with the possibly exception of Vodafone and the colour red, although that is more associated with them as a mobile provider rather than fixed ISP (notice slingshot uses red too)



1366 posts

Uber Geek
+1 received by user: 578


  Reply # 781097 13-Mar-2013 14:17
Send private message

They don't need to copyright or trademark a colour, although they often do when they can. But when they've been using a colour long enough that it can be proven to have a strong associatino with the company, then they can use 'passing off' defences against anyone in a similar field using the colour.
Therefore, Cadbury can accuse anyone using a close shade of purple to sell chocolate of deliberately resembling their product to confuse customers. Likewise Yellow won't let anyone else do a yellow directory. You could, however, use yellow chocolate packaging or a purple phonebook, and neither Yellow nor Cadbury would raise a peep. Much the same way that Tip Top icecream and Tip Top bread are two completely different outfits, but they don't compete in the same market. You could start up Tip Top women's clothing, and neither of them would complain.

Create new topic

Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

N4L helping TAKA Trust bridge the digital divide for Lower Hutt students
Posted 18-Jun-2018 13:08


Winners Announced for 2018 CIO Awards
Posted 18-Jun-2018 13:03


Logitech Rally sets new standard for USB-connected video conference cameras
Posted 18-Jun-2018 09:27


Russell Stanners steps down as Vodafone NZ CEO
Posted 12-Jun-2018 09:13


Intergen recognised as 2018 Microsoft Country Partner of the Year for New Zealand
Posted 12-Jun-2018 08:00


Finalists Announced For Microsoft NZ Partner Awards
Posted 6-Jun-2018 15:12


Vocus Group and Vodafone announce joint venture to accelerate fibre innovation
Posted 5-Jun-2018 10:52


Kogan.com to launch Kogan Mobile in New Zealand
Posted 4-Jun-2018 14:34


Enable doubles fibre broadband speeds for its most popular wholesale service in Christchurch
Posted 2-Jun-2018 20:07


All or Nothing: New Zealand All Blacks arrives on Amazon Prime Video
Posted 2-Jun-2018 16:21


Innovation Grant, High Tech Awards and new USA office for Kiwi tech company SwipedOn
Posted 1-Jun-2018 20:54


Commerce Commission warns Apple for misleading consumers about their rights
Posted 30-May-2018 13:15


IBM leads Call for Code to use cloud, data, AI, blockchain for natural disaster relief
Posted 25-May-2018 14:12


New FUJIFILM X-T100 aims to do better job than smartphones
Posted 24-May-2018 20:17


Stuff takes 100% ownership of Stuff Fibre
Posted 24-May-2018 19:41



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.