“Yellow Pages” phrase & “Walking Fingers” logo are for Everyone

A marketing agency which uses the words “yellow pages” and the corresponding “walking fingers” universal logo is now being sued for doing so. Ridiculous isn’t it? It’s like suing the World Bank or Citibank for using the word “bank” as part of their names! It’s like slapping charges against the Supreme Court of America or some law firm for using the universal “weighing scales” or the “gavel” as part of their logos!   

Yellow Pages Marketing B.V., a marketing firm that makes it easier for people and establishments to be reached by potential clients and companies by putting their contact numbers and addresses in the yellow pages, is now being sued for putting the word “yellow pages” as part of their name. (http://www.bloomberg.com/news/2010-11-09/dutch-u-k-online-directories-sued-in-australia-for-deceiving-businesses.html)

Another marketing firm, Telstra, is strongly contending that no one could use the words “yellow pages” but itself and itself alone. Telstra is saying that it owns the words “yellow pages” and “walking fingers” logo. Telstar seems to forget that the “yellow pages” words and concept as well as the “walking fingers” logo were not its brainchild.

Telstra did not, in any way whatsoever, come up with the magnificent concept of having the “yellow pages” and the icon / logo symbolizing it. The concept “yellow pages” and the “walking fingers” logo were already around even long before Telstar saw lights of day!

Perhaps Telstra might be conveniently suffering from amnesia that the words or term “yellow pages” are institutional and universal words referring to one meaning – a directory of names, addresses and telephone numbers of commercial or business entities that are offering goods and services to the general public. Being universal and institutional, “yellow pages” and the “walking fingers” logo belongs to everyone who would want to make use of them to make their lives easier.

Be that as it may, Telstra should just drop this totally absurd suit it has filed against Yellow Pages Marketing B.V. and other enterprising online directory companies employing the "yellow pages" and "walking finger logo" which are normally used as part of advertising promotions. -30-

Nobody owns the English phrase “Yellow P.........."

Nobody owns the English phrase “Yellow Page,” much as nobody could claim copy rights of the yellow page “walking finger” logo. How this “walking finger” logo is presented does not matter at all. At least, this is how the meaning of “Yellow Page and its Walking Finger logo” is understood and interpreted around the world.
It is, however, frustrating that some groups have the temerity to claim exclusive rights of the English phrase “Yellow Page” and its “Walking Finger” logo. Worst, these groups even claim to have the “exclusive rights” by registering the “Yellow Page” and its “Walking Finger” logo as trade mark of their companies.
The abominable act of usurping exclusive ownership of the “Yellow Page and its Walking Finger logo” does not only signify the worst misrepresentation in its highest form but an act devoid of taste and decency.
Mater of fact, there were court decisions that precede the upholding of independent application of the “Yellow Pages” and the “Walking Finger” logo by an individual or group. For instance, an individual from Los Angeles won against France Telecom on the exclusive rights of the use of .com by pagesjaunes.com, a company affiliated with France Telecom which distribute Yellow Pages directory under pagesjaunes.fr.
It was this court decision, defended by Andre Bertrand, a Parisian lawyer, which says that “the phrase “Yellow Pages” cannot be considered the property of a single company” that sets precedent for the whole European Yellow Pages industry.
Prior to this landmark court decision, many state monopoly telecom companies outside the US had tried to ban competition by claiming the translation of “yellow pages” term into the vernacular, as their exclusive trademark.
The court decision was basically anchored on the argument that “Yellow Pages” refer to a telephone directory of businesses which are typically categorized according to product or service provided. The traditional term “Yellow Pages” is now also applied to online directories such as the Yellow Pages Marketing B.V. which is more popular in North America.
Thus, AT&T, Verizon and Qwest, the three largest phone companies in the United States which dominated the U.S. yellow pages industry, never filed a trademark registration for the current and most recognized version of the “Walking Fingers logo.”
These companies acknowledged that the “Walking Finger” logo is public domain. In fact, the AT&T allows “independent yellow pages industries” to freely use the “Walking Finger” logo: an honorable and  fair decision.
A classic example of an “independent industry” is the Yellow Page Marketing B.V. which is engaged in online advertising and provides online local telephone directories globally. Thus, accusing the Yellow Page Marketing B.V. as a scam is grossly unfair and ill-motivated.
Any deliberate attempt to besmirch the honest intention of the company’s unblemished reputation, as an acknowledged global online directory that offers additional services aside from regional and local directories, is baseless and unfounded. -30-