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[Jon Phillips]

Well, one would want to avoid using 134 U and the similarity in name
which can be confusing to consumer, Freetone.

Something like OpenColor _____ and some taxonomy might be ok. True
legal counsel would need to be sought if this is done IMO. IANAL.

Anyway, Pantone has a MONOPOLY on COLOR. That is kind of amazing right?

Jon

On Fri, Jan 23, 2009 at 8:33 AM, Alastair M. Robinson
<blackfive at fakenhamweb.co.uk> wrote:
> Hi :)
>
> Hubert Figuiere wrote:
>
>> So we could call "Freetone 134 U" the same RGB/CMYK values ?
>
> As I understand it, trademark law covers more than just the use of a
> specifically trademarked word.  Merely naming an item such that someone
> would make an obvious association with a trademark can be enough to
> infringe.
>
> I seem to remember a case here in the UK some time ago where the
> manufacturers of "Penguin" chocolate biscuits successfully sued a
> supermarket for naming their competing product "Puffin" bars, and using
> packaging featuring a similar image of an upright dark-coloured bird.
>
> Freetone 134 U, would probably fall foul of trademark law for similar
> reasons - i.e. the obvious association with the Pantone trademark - as,
> I suspect, would any other system which imitated the Pantone mapping of
> numbers to shades.
>
> Usual disclaimers apply - I'm no lawyer, just some random internet
> blowhard. ;)
>
> All the best,
> --
> Alastair M. Robinson
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Jon Phillips
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