Companies suing each other over the rights to use the number "3" as trademark
File under copyright/trademarking absurdity:Swedish media conglomerate MTG (proprietor of satellite/cable channel TV3) is currently in a legal process with the mobile phone network operator Hi3G (owner of the mobile network 3), over the rights to use the numeral "3" as copyrighted trademark.
The MTG media conglomerate argues that Hi3G is positioning itself as a "media corporation", something that would thus imply that they are operating in the same marketplace as MTG. According to MTG, the mobile phone operator 3 cannot argue that they are only a mobile operator, and furthermore, they cannot use the number "3" because the TV channel media company TV3 used the number first, Swedish blog being J Andersson is reporting.According to this view, mobile phones are not mobile phones — they are media platforms, and "3" is not a number — it’s a trademark.
This argumentation is made possible — yes even supported — by the contemporary copyright/trademark system, which allows companies to (at least in theory) claim rights to something as ubiquitous as a numeral, and which allows corporations to claim interests in areas that may in reality be remote from their core operations, but on paper (in the legal registry of operative markets) be amended to their "operations strategy". (That is, a company that is essentially a mobile communications company can due to the synergy of various media into these communications now lay claims to be a TV broadcaster, text publisher, or why not an amusement service provider?)
A central part of this story is that the MTG media conglomerate itself incorporates one of Scandinavia's biggest mobile phone operators, Tele2/Comviq, and obviously only uses this legal case to test the grounds for fighting core competitors also in the legal playing field. For these companies, the law is less of a metaphysical system for laying down core ethical guidelines, than simply a springboard for cutting the most profitable deals.
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posted by Jonas Andersson @ 5:26 pm
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