Print

Email story

Comment

Email editor

Logos called similar, and different

The judge in a dispute between Amscot and Beepers 'N Phones leaves it hard to tell the winners from the losers.

By LOUIS HAU
Published February 8, 2005

TAMPA - It sounds like a question to be pondered by a mountaintop philosopher: can a yellow wave resemble a rising sun?

That was one of the central issues addressed by a U.S. District Court judge in Tampa in an opinion that has wireless retailer Beepers 'N Phones and financial services company Amscot Corp. both claiming victory.

Beepers 'N Phones recently added a wave pattern to its corporate logo, triggering a trademark infringement suit in October from Amscot, a Tampa company that provides check cashing, cash advances and other services.

In its suit, Amscot claimed that the wave pattern and blue-and-yellow color scheme of Beepers 'N Phones' logo infringed on its copyrighted logo, which is blue and yellow and features a design resembling a rising yellow sun. Not all Beepers 'N Phones locations use the new logo.

On Friday, U.S. District Court Judge James D. Whittemore issued a preliminary injunction ordering a Beepers 'N Phones store on N 50th Street in Tampa to change its sign.

But other than that store - which is next door to an Amscot and features an altered design resembling its neighbor's rising sun logo - Whittemore said Amscot hadn't proven that Beepers 'N Phones had infringed on its copyright.

Many companies use blue and yellow in their logos, including prominent retail names such as Blockbuster Inc. and Best Buy Co., Whittemore said. He said Beepers 'N Phones' wave design wasn't deceptively similar to Amscot's rising sun, noting that both chains' logos are "virtually always" used in conjunction with their corporate names.

The defendants named in the suit were Beepers 'N Phones of Tri-County Inc., Beepers 'N Phones of Brandon Inc., Beepers 'N Phones of Altamonte Springs Inc. and businessman Ron Pownall, who has an ownership interest in each entity ranging from 33 to 50 percent.

Pownall couldn't be immediately reached Monday for comment.

His attorney, G. Donovan Conwell Jr., said "the court agreed with our arguments that the signs are not confusingly similar."

Michael Colitz III, a lawyer representing Amscot, said he was "very pleased that the judge sought fit to enjoin Beepers' use of what really is an identical logo," adding that the company still plans to pursue the case in court.

--Louis Hau can be reached at 813226-3404 or hau@sptimes.com

[Last modified February 8, 2005, 00:21:16]