Telstra has missing a courtroom circumstance in opposition to rival Optus in excess of adverts it claimed could mislead people on whose mobile network had much better coverage.
The adverts mentioned that Optus was now “covering extra of [Australia/Condition] than at any time in advance of.”
Telstra unsuccessfully argued the adverts would be comprehended as a comparison to the reach of its very own network.
Optus, in convert, mentioned “no these types of representations are conveyed and that all that is conveyed by the adverts is that Optus’s mobile network has extra geographic coverage than it has at any time had in advance of,” in accordance to a judgment.
“In other words, in accordance to Optus, the adverts do not express any comparison between Optus’s network and the network of any other telecommunications provider,” Justice Jayne Jagot wrote.
“I agree with Optus’s contentions. When every advertisement is seen as a full Telstra’s contentions as to the representations conveyed are untenable.”
The adverts contained “no reference to any provider other than Optus” and rather contained only Optus branding.
“By the time the closing impression and the allegedly offending words are attained the viewer is familiar with that the advertisement is about the locations wherever Optus’s mobile network is accessible,” the judgment states.
“The viewer will construe the assertion “covering extra of [Australia/Condition] than at any time before” adopted by the term “Optus” as that means that Optus is masking extra of [Australia/Condition] than at any time before”
“The words ‘ever before’ do not recommend that Optus has accomplished anything no telecommunications provider has accomplished at any time in advance of.”
The Federal Courtroom dismissed Telstra’s circumstance and requested it to pay back Optus’ costs.