Blockbuster Red Ads

Matthew noticed that Blockbuster is using red ads on Yahoo! in addition to the typical blue and yellow.

Here's a Netflix link and part of a Blockbuster ad on another section of Yahoo! to show how confusing the ads might be to potential customers:

I wonder if Netflix has a trademark on the color "red" like UPS does for "brown." Trademarks are used to protect a brand against the "likelihood of confusion," so I'm wondering if Netflix can claim trademark infringement (in addition to the current patent infringement claim).

Comments

[corey3rd]

It is a pretty lame "trick" from the folks at Blockbuster to confuse people into thinking they're clicking on a Netflix link.

[noe638]

Since everything BB has done to date has been their signature blue and yellow, this looks like it is designed to "create confusion" as they fight for the majority of users.

[TBOYLA]

"Trick"? "Confusion"? Please! So they are experimenting with new ad colors, big deal. The ad clearly says "Blockbuster Online".

[Super-Bat-Man]

thank you tboyla. bloockbuster is just moving away from the boring color scheme they have.

and I don't think colors online can be trademarked. infact I don't know if colors can be trade marked at all. I know coke has their special red and blockbuster even has a blue that they use all the time but I think those are probably pantone colors or some other special spot color that is more of a secret than a trademark. more like colors that companies use just to be consistant.

also blockbuster isn't mixing it in with their logo, trying to copy their likeness. they are simply using it as a background color for their ad. the way Netflix uses blue and yellow in some of their ads.

[Becky]

According to Wikipedia, "The scope of a trademark is determined by whether there is "likelihood of confusion" (note that this is different from whether there has been any actual confusion), between that trademark and another trademark in the minds of the consuming public."

To deliberately imitate the design or coloring of someone else's logo, if the intention is to cause people to confuse your product with someone else's, is a violation. Netflix would have to sue Blockbuster Online, and a jury would decide whether there is confusion intended by the coloring.

[Harrie]

So because netflix uses red, that means that target, kmart, sears, walmart, and any other store that uses red in their stores is violating a trademark, because "netflix" uses red. Not to mention any store that uses red "sale" signs.

In fact, my guess as to why blockbuster chose to use red is because red is the standard color associated with something being on sale or being a special offer or promotion. I've also seen similar ads from blockbuster where they use yellow and other colors. They're just trying to get their name out there, and if using a different color gets it done better, let them do it!

No one furthers themselves by being original. Everyone copies Everybody. That is why we have such fierce competition between places like costco, wal mart, kmart, target and such. Without competition, netflix would get so big, it'd eventually self destruct just as walmart will some day.

[noe638]

I don't think there is any trademark violation, but it looks to me like blockbuster is trying to capitalize on the brand push of Netflix to mainstream America. Netflix tv ads and print ads all feature the red prominently in their logos and backsplash.

Based on the number of ads I have seen online and in print from BB and Netflix, I would say that the war for new subscriptions is hitting its peak.

Everything else that Blockbuster has done online is exactly like Netflix, why not use the same color in their ads?

[napoleon09]

Gosh!
First the "invention" patent, then envelop patent and now usage of red color!! Whats next?
Would they file a patent that mailboxes can only be used to deliver NetFlix movies, any other rental should use FedEx. Mailboxes belong to them. The way things are as USPTO I would not be surprised if such a patent is even granted!!!

[superfunhappy]

If you look at the envelope there is something that is not on teh Blockbuster envelope. After seeing the netflix ads in Yahoo the last couple of days its seem pretty clear that the ads aren;t just copying the red.

[superfunhappy]

Yeah, sorry for the typos and punctuation. Kinda tired right now.

[FrankLev]

Becky said: "To deliberately imitate the design or coloring of someone else's logo, if the intention is to cause people to confuse your product with someone else's, is a violation."

You don't know trademark at all. It would not be "design OR coloring." It would be "And."

Also since Netflix has NOT tademarked their pantone the point is moot.