Lawyer madness?
O2 did not invent bubbles (either phyically or as intellectual property) so how can it protect them under trademark law?
It'll be trying to tradmark the symbol for oxygen next.
Bubbles mean O2, but anyone can use them
O2 has lost its appeal to the European Court to prevent a competitor using bubbles to represent the company when comparing prices, in a ruling that will have implications beyond the mobile-phone industry. The dispute goes back to 2004, when a TV advertisement from 3UK compared prices between the two operators, which is fine, but …
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O2 and bubbles
Bubbles my children associate with water. Surely that is H2O they are branding in this case, since the O2 is inside the water shell only?
Anyways, since my kettle produce bubbles when it boils, does this now mean its infringing on their brand everytime i make some coffee? This court ruling I hope will set the benchmark for all the stupid brands out there (and also idiotic patents), and companies trying to capitilise on it.
Thumbs up to the judge on this ruling.
My bubbles!
Said in the style of the fish from Finding Nemo.
IMO
When referring to a rival, use of their branding should come under some sort of "fair use" ruling. So long as the branding is not abused (however that is defined) and is just used to confirm to whom one is referring.
Does this also mean...
If anyone's seen a certain TV ad for Vodafone's music download service, they may have seen a disclaimer message that reads something like "NOW is a trademark of EMI", which is presumably there because Vodafone's slogan is "Make the most of now" and EMI has the NOW (That's what I call music) compilations - this ruling could put a stop to such stupid disclaimers.
Next up.
Nestle, who make Aero bars, sue O2 over their use of bubbles in connection with the word "Chocolate" when selling LG phones.
Air bubbles
Aero...O2...something about 'candy bar' phones...coat...taxi...and I'll be gone in a *Jiffy*.
Sad day for Wacko
Didn't Wacko Jacko use "Bubbles" for his own amusement and I'm sure it wasn't a 20 foot tube of blue tinted water !!!
Closest picture of Wacko nowadays
I'm...
...forever blowing bubbles, pretty bubbles in the air, they fly so high, they nearly reach the sky, then like my dreams they fade and die
Fortune's always hiding, I've looked everywhere, so I'm forever blowing bubbles, pretty bubbles in the air.
(You can take the boy out of West Ham, but you can't take West Ham out of the boy)
Also...
Does this mean that I can still fart in the bath, as long as I make it perfectly clear when I do so that I'm commenting on O2's service?
Re: Lawyer Madness?
@pctechxp: no they didn't invent bubbles, in the same way that Orange didn't invent their particular shade of orange. But they have used that symbol/colour in connection with their trade long enough to establish a connection between their product and that symbol/colour in the mind of the consumer.
And I'm sure they already have trademarked the use of the oxygen symbol, using their proprietary font, in connection with the sale of mobile telephones and mobile services. The thing is though, if you want to use the oxygen symbol, written in Times New Roman, and use it as your brand selling cans of oxygen, then o2 won't be able to stop you. Don't get me wrong, they'll sue you the second it comes onto their radar, but they won't win.
Um
Didn't T-Mobile also try to trademark the colour Magenta? Think these mobile companies are getting too big for their boots!
No O2 in bath, eh?
Just as well. I was going to ask O2 for permission to use my mobile in the bath, in case the bubbles violated their copyright. Now I won't have to.
I'm forever blowing Bubbles
Does that make me a baaaad person?
Will O2 sue me 'cause I'm a bit skint at the moment?
Ta muchly,
Michael "Puff" Jackson
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