Telstra has missing a court docket scenario from rival Optus in excess of adverts it claimed could mislead shoppers on whose mobile community experienced far better protection.
The adverts said that Optus was now “covering much more of [Australia/Condition] than at any time right before.”
Telstra unsuccessfully argued the adverts would be recognized as a comparison to the arrive at of its possess community.
Optus, in change, claimed “no this sort of representations are conveyed and that all that is conveyed by the adverts is that Optus’s mobile community has much more geographic protection than it has at any time experienced right before,” according to a judgment.
“In other phrases, according to Optus, the adverts do not express any comparison involving Optus’s community and the community of any other telecommunications supplier,” Justice Jayne Jagot wrote.
“I concur with Optus’s contentions. When every ad is seen as a full Telstra’s contentions as to the representations conveyed are untenable.”
The adverts contained “no reference to any supplier other than Optus” and instead contained only Optus branding.
“By the time the last picture and the allegedly offending phrases are achieved the viewer is familiar with that the ad is about the areas where by Optus’s mobile community is available,” the judgment states.
“The viewer will construe the statement “covering much more of [Australia/Condition] than at any time before” adopted by the term “Optus” as indicating that Optus is covering much more of [Australia/Condition] than at any time before”
“The phrases ‘ever before’ do not propose that Optus has reached one thing no telecommunications supplier has reached at any time right before.”
The Federal Courtroom dismissed Telstra’s scenario and requested it to shell out Optus’ fees.