Ad prompts fresh Localist attack over Yellow's crimson

FRIDAY SEPT 16: Crimson-gate, or raspberry-gate, if you will, continues with Localist contacting Keallhauled to complain about a Yellow ad that ran in the NZ Herald on Wednesday (see photo below).

"I did think that use of this colour could be co-incidental," Localist chief executive Blair Glubb said.

"But repeated use of our raspberry in a variety of settings appears to have only one purpose. Yellow has trademarked its colour, but clearly has no issue using ours in a variety of settings and media.

"It's hard to escape the conclusion that this is a deliberate attempt to confuse the market."

Yellow digital media director Peter Crowe has rebutted that his company has used the colour crimson since before Localist launched.

And, further, that if the Localist boss wants to know where the colour came from, he only has to look in the mirror - for Mr Glubb was a Yellow manager at the time the directory company added crimson to its brand palate.

Mr Glubb, how do you plead?

"They [Yellow] have used many colours since 2008 when I was there," the chief executive told Keallhauled.

"But this [crimson] has become a particular favourite in the past twelve months. If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck."

UPDATE WEDNESDAY SEPT 14:  Yellow digital media director Peter Crowe has countered that Localist's brand colour, Crimson, has been used by his company since before the NZ Post-owned directory launched (in June this year following billboards and other promotion over the proceeding year).

"That colour’s been part of our portfolio for years," Mr Crowe said. Since October 2008 we've used it for a couple of online properties and for the [Yellow] Guide to Auckland specifically since July 2009."

Mr Crowe said that Localist chief executive Blair Glubb (a former Yellow employee) "was here" when the company first adopted the colour.

Lawyer weighs in
Lowndes Jordan partner Rick Shera, an intellectual property specialist, told Keallhauled that if Localist wanted to push the issue through the legal system, it could be hard work.

"Unlike Yellow Pages Group, Localist has not registered a trademark for its crimson colour so it is left with having to argue passing-off," Mr Shera said.

"It's hard to see it getting much traction with passing off since it has probably not developed sufficiently exclusive goodwill in that colour. The Fair Trading Act would be a better bet if it could show that users of directory services were confused," he added.

"However, I expect that Localist has just taken the view that imitation is the best form of flattery and is quietly patting itself on the back for pushing Yellow into an odd departure from its traditional yellow brand."
 

TUESDAY SEPT 13: In the coupon section of its print Yellow Local directories, the Yellow Pages Group has adopted a crimson that’s reminiscent of Localist’s signature colour (see Localists' print guides here).

Crimson is also splashed around the Yellow Guide to Auckland.

Localist’s chief executive has certainly noticed.

“It's interesting that they've trademarked their Yellow, but use a competitor's colour for their product set,” Blair Glubb told Keallhauled.

“Yellow have used a number of tactics in an attempt to create market confusion [Yellow previously registered a series of web addresses incorporating the word “localist” but surrendered them after the NZ Post-owned Localist initiated High Court action],

"But in our view confusing businesses and consumers so they can't make informed decisions isn't in anyone’s best interests,” Mr Glubb said.

Click to enlarge.

Keallhauled asked Yellow’s interim CEO Scott Pomeroy, who has led the company since February, to explain the appearance of Localist-looking crimson around his company’s print directory and city guide website.

 “There’s no strategic intent … No … there’s no … [laughs] … I couldn’t even have told you that I knew the colours were there,” Mr Pomeroy said.

Localist chairman Sam Knowles told Keallhauled that Yellow's co-option of the colour crimson was an example of "robust competition". His company had no immediate plans to take any formal action.