Here's what the filing says, in part:
In early 2013, T-Mobile publicly disclosed plans to compete against the incumbent telecommunications providers in a new way: by offering telecommunications services without the need for consumers to enter into a two-year or annual service contract.T-Mobile is referring to its Un-carrier plans, which remove the carrier subsidy typically seen and replaces it wit a down payment and monthly device payments. T-Mobile makes up for the difference with lower cost service plans, which often add up to savings for customers.
The dominant telecommunications provider, AT&T, responded by setting up a wholly owned subsidiary, Aio, which -— out of all of the colors in the universe —- chose magenta to begin promoting no-contract wireless communications services in direct competition with T-Mobile.
AT&T’s subsidiary’s use of magenta to attract T-Mobile customers is likely to dilute T-Mobile’s famous magenta color trademark, and to create initial interest confusion as to the source or affiliation of AT&T’s subsidiary’s business.
Customer confusion is at the heart of many of these filings. In an email, T-Mobile continued:
When consumers see magenta in the wireless world, they think T-Mobile. But AT&T, through its subsidiary Aio Wireless, has been trying to get a free ride from T-Mobile’s success as America’s Un-carrier by using magenta in its marketing. We filed this lawsuit to stop them, and to protect T-Mobile’s powerful magenta trademark.Aio is owned by AT&T, but has its own, separate stores in the following markets: Houston, Atlanta and the Florida cities of Orlando, Tampa, Gainesville, Jacksonville, Fort Myers, Naples, Miami, West Palm Beach and Fort Lauderdale.
On Wednesday, T-Mobile USA CEO John Legere took to Twitter to take a swipe at AT&T. The tweet was met with some acerbic replies.
You be the judge of just how close Aio's magenta comes to T-Mobile's (above). Notably, T-Mobile does have a trademark for a magenta square, although it it still an open question if the company owns a trademark on the color, period.