NYU Langone sues Northwell over 'similar' purple color used in advertising
NYU Langone health system and Hospitals are suing its competitor, Northwell health for "deceptive trade practices."
The lawsuit alleges Northwell intentionally copied its "unique" color purple, creating what it's attorneys are calling "confusingly similar advertising."
NYU says the color purple is, and for over 150 years has been, closely associated with its hospitals and brand.
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News & World Report’s 2022-2023 "Best Hospitals Honor Roll" named NYU Langone hospitals as # 1 in New York and # 3 in the nation.
"You can't own a color, but this is a distinct use of a color and on top of the color. New York University is alleging that in addition to the color there's also very similar style fonts, colors and sizing of the fonts and ads similar messaging as well," says Ellis.
Mark DiMassimo, founder & creative chief of DiGo, a branding and advertising agency here in New York City said no one can own or copyright a color.
"It’s interesting that NYU uses the word scheme, because they could merely claim that Northwell use of the color is confusing and therefore infringes on their market space without going the step further that they did and implying that they intended to do it, that it's a scheme to do it. That's certainly much stronger language."
NYU Langone, hospital, medical, building, healthcare (Photo by: GHI/Education Images/Universal Images Group via Getty Images)
In a statement to Fox 5, Ramon Soto, SVP and chief marketing and communications officer for Northwell said, "NYU Langone’s claim that it owns the color purple for health care services is nothing short of preposterous. And it’s an insult that part of the complaint includes a hospital’s week-long COVID-19 memorial for health care workers. Northwell Health is proud of its distinct branding, which uses a wide variety of colors, and how it leverages research, education and clinical excellence to differentiate from others in the market. Northwell is much more than just a color in our ads."
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NYU firing back saying "This is a clear violation of NYU Langone’s branding and marketing, which even a casual observer would see as an attempt to copy our campaign.
Northwell is intentionally trying to confuse the public and trade on NYU Langone’s quality and safety reputation. It’s a shameless effort reflecting poorly on their imagination and industry."
Meanwhile, attorney Jonathan Ellis, says this case is going to be hard to prove, calling it a novel issue saying usually, trademark matters involve items or formulas.
NYU Langone is seeking damages, attorney fees and a permanent injunction relief for unfair competition.