Thursday, February 7th 2019
Thermaltake and Mayhems Fighting Over "Pastel" Trademark in the UK
This is still a developing story, however it has matured enough to where we feel confident about discussing it. It kicked off last week when the proprietor of Mayhem Solutions Ltd, better known simply as Mayhems, shared information regarding Thermaltake introducing their own Pastel-branded coolants to be used in the PC DIY water cooling sector. Mayhems has had a trademark registered for this in the UK since 2015, and let Thermaltake know via email to try to reach an amenable solution. Indeed, EKWB and Alphacool had both used the Pastel trademark with Mayhems' permission in the past, some of which also came via using the Mayhems Pastel base under their respective brand names. After word from Thermaltake's legal team, first trying to defend the use of Pastel as a generic term, and then saying that they would work on a compromise, Mayhems told us they have not heard back from the company in over a week since the last correspondence, and are forced to take legal action to prevent Thermaltake P1000 pastel coolants to be sold in the UK.
We wanted to have due diligence in our reporting, and contacted Thermaltake ourselves for a statement. After receiving word that they will send us one, we too have not heard back from the company since. We respect Thermaltake's decision, and are always willing to update this post if they do send us one, but in the meantime we went further. Indeed, a careful look at the trademark (screenshots seen below) confirms Mayhem's legal stance on this matter. However, it is not easy to enforce a trademark in the court. It would be all the more harder to do so when there can be an argument made about the use of the term pastel, which no doubt Thermaltake would argue is not necessarily tied to the coolant, but more as the general term to showcase the various colors and the opaque-nature of said coolants. More on this story past the break, including quotes from retailers we spoke to.We will note again that the lack of a two-sided conversation has hurt not only our efforts in providing a complete story, but also Mayhem's efforts in reaching an agreement. Mayhems told us that the last offer they sent to Thermaltake was with the intention to put this in the past. They wanted Thermaltake to make a £100 donation to a charity in exchange for permission to use the registered trademark. Putting aside the whole legal vs ethical aspect of this, and however challenging an argument Thermaltake may put forth in court, surely it makes complete business sense to agree to this settlement. Unfortunately, Thermaltake does not seem to think so, and it is very likely we will see a legal resolution to this matter.
Perhaps it was the trademark violation, or even just the development of this saga, but several retailers in the DIY water cooling industry spoke exclusively to us and said they will not be stocking the Thermaltake P1000 pastel coolants regardless of what happens. Indeed, this includes retailers who are not even in the UK, which shows that perhaps Thermaltake may want to rethink their position on this.
Performance PCs (USA) said the following:
We wanted to have due diligence in our reporting, and contacted Thermaltake ourselves for a statement. After receiving word that they will send us one, we too have not heard back from the company since. We respect Thermaltake's decision, and are always willing to update this post if they do send us one, but in the meantime we went further. Indeed, a careful look at the trademark (screenshots seen below) confirms Mayhem's legal stance on this matter. However, it is not easy to enforce a trademark in the court. It would be all the more harder to do so when there can be an argument made about the use of the term pastel, which no doubt Thermaltake would argue is not necessarily tied to the coolant, but more as the general term to showcase the various colors and the opaque-nature of said coolants. More on this story past the break, including quotes from retailers we spoke to.We will note again that the lack of a two-sided conversation has hurt not only our efforts in providing a complete story, but also Mayhem's efforts in reaching an agreement. Mayhems told us that the last offer they sent to Thermaltake was with the intention to put this in the past. They wanted Thermaltake to make a £100 donation to a charity in exchange for permission to use the registered trademark. Putting aside the whole legal vs ethical aspect of this, and however challenging an argument Thermaltake may put forth in court, surely it makes complete business sense to agree to this settlement. Unfortunately, Thermaltake does not seem to think so, and it is very likely we will see a legal resolution to this matter.
Perhaps it was the trademark violation, or even just the development of this saga, but several retailers in the DIY water cooling industry spoke exclusively to us and said they will not be stocking the Thermaltake P1000 pastel coolants regardless of what happens. Indeed, this includes retailers who are not even in the UK, which shows that perhaps Thermaltake may want to rethink their position on this.
Performance PCs (USA) said the following:
Mayhems has asked nicely and only asked for a small monetary yearly fee. So yes, we are supporting Mayhems on principle. No, we will not stock the new coolant until they correct the problem. We still have their older fluid.HighFlow (Netherlands) said the following:
As far as we know, Mayhems were the first to name their solid colored coolants "Pastel" a long time ago. We've been selling Mayhems Pastel for many many years now and therefore when we hear Pastel coolant, we think of Mayhems Pastel coolant. So when another brand is also using Pastel in the product name for their coolants, it causes confusion and we understand Mayhems opinion about this. We hope Mayhems and Thermaltake can find a win-win agreement with each other, we won't be stocking Thermaltake Pastel coolant until this issue between them is solved.We also contacted Overclockers UK, who are right in the middle of this being based in the UK, but understandably they did not want to provide an official quote directly regarding this. They did tell us the following, however:
..when it comes to fluid we have a very good relationship with Mayhems and we would not do anything to jeopardise this.Reading between the lines, it does seem that while Mayhems may yet have a hard time getting their registered trademark enforced in court, Thermaltake is going to have a harder time selling their new coolants in the UK and elsewhere. We were also contacted by people claiming to be erstwhile CaseLabs employees, who then told more about how their own legal woes with Thermaltake supposedly went. Some such instances include using a foreign PR firm to pretend to get information on the company which would then be provided to the legal department of Thermaltake, using social media posts as proof of libel, and also pretending to be customers and enticing a false sense of security to get the company to speak bad about Thermaltake. Again, these are not verifiable incidents, so it is best to take these with a grain of salt at best. We also request our readers recognize this is an ongoing story with legal repercussions, and so please comment accordingly.
28 Comments on Thermaltake and Mayhems Fighting Over "Pastel" Trademark in the UK
I don't see anything wrong in publishing an ongoing case or story, especially since we already knew the obvious: The way TT's legal team acted and responded to Mayhems clearly shows that they wanted more than just "Pastel as a generic term". Otherwise they wouldn't compromise.
And talking about "Pastel as generic term"... If they really wanted "Pastel" as generic term, they could've used it to describe the color like they claimed.
It'd be "P1000 Coolant - Pastel White".
But the way they went with "P1000 Pastel Coolant - White" obviously gave it away that this is more than just Pastel being a generic term.
They wanted "Pastel" to be the name of the product and not just the variant or type/nature of a color. Really admirable. I really like it.
I'm looking forward for the update(s) to the ongoing case.
Once again, thanks for taking time for reporting this case. :lovetpu:
Our plight is a very simple one, however, it is also is a big one and a warning to anyone else with a small business about such actions. We will fight our corner and we will try our best. If we can do our due diligence why can they not do the same?
And they're always involved in trademark disputes with other companies because they do stupid shit like walk up to Caselabs' booth at a show, say "I wish we made stuff like this", order a caselabs product immediately, release a clone of it, and then pretend they've never heard of Caselabs.
Only for Caselabs to then post the invoice for the sale publically and take them to court for it.
Unfortunately, Caselabs ended up losing, not because there wasn't clear copying going on, but because they'd said stuff they couldn't prove in court about Thermaltake, so Thermaltake forced them to settle or be countersued.
You can however trademark a common word for a specific use, I.E Apple for a computer company, Orange for a mobile phone network, Time for a computer manufacturer, Dodge for a manufacturer of cars, Focus for a model of car, Yoga for a model of laptop, and Pastel for a line of coloured coolants for use in computers.
While I don't agree with trademarking the Word Pastel and then Just calling colors Pastel White or similar (which I would and always have read as a color description of the color bring slightly off-white), since this trademark is existing, the way Thermaltake is using it (in product name and not color description) is clearly trying to rip off.
Just for example, and of course knowing nothing of trademark legalities and Just speaking of common sense, a product called "Water cooling color-add (pastel [white/blue/yellow/ Insert color]) " would be totally acceptable and AT least in my eyes describe a product with a very bright/"high gamma" color tone. A product called "Water Pastel P1000 ([white/blue/yellow/Insert color] )" on the other Hand would clearly use Pastel as Part of the product Name.
Edit: forgot the link www.areamobile.de/news/20072-bonner-cafe-apfelkind-apple-streitet-erneut-um-logo
I don't know why I missed it on the first read but I just noticed that the TT coolant isn't called pastel it's called P1000. Mayhems Pastel and Thermaltake P1000 do not sound even remotely similar. Yes the individual P1000 bottles are sub labeled "red pastel", "yellow pastel", etc because they are the name of the colour. You didn't invent colours (or the word pastel) so if you plan on taking TT to court for correctly labeling their product with the name of the colour then you should also name every art paint manufacturer in the UK as co-defendants lol.
If you actually look at the label on the bottle they are calling it "P1000", and then under the product name is written the colour (in the case of your example "white") and then finally below the colour is the type of colour (in the case of your example "Pastel coolant"). NB: they also do opaque coolant and translucent coolant in a variety of colours.
This is no different than if Coca-Cola tried to sue Pepsi because Pepsi Max Cherry uses the same sub-flavour as Coca-Cola Zero Sugar Cherry >.>
The TT R&D facility is an 8 x 6 copy room. The adjoining room houses their team of lawyers.
Thermaltake recalled all there products and reamed them. This was not what we wanted to be honest as we know the cost would have been high, all we wanted at the end of the day was respect for our brand and our legal rights which would have been cheaper for them to donate to a charity of our choosing (autism). At no point did we want any type of monetary compensation as this is not right (its some thing i do not believe in). In the mean time Thermaltake have also been trying to play dirty with us doing some things behind the scene trying there hardest to get the named pulled and each and every time they have lost. If in court we were told sorry the trade mark is not legal (which i have had a trade mark adjudicator go over in the UK and confirm it is) i would be happy to admit defeat but still hold my head up high. You could call this a win for a little company how ever i feel as though it was not and should never be considered that as such it just our right to defend our hard work.