Telstra has missing a courtroom case versus rival Optus in excess of ads it claimed could mislead customers on whose cell network had improved coverage.
The ads mentioned that Optus was now “covering more of [Australia/Condition] than at any time just before.”
Telstra unsuccessfully argued the ads would be understood as a comparison to the access of its individual network.
Optus, in switch, mentioned “no such representations are conveyed and that all that is conveyed by the ads is that Optus’s cell network has more geographic coverage than it has at any time had just before,” according to a judgment.
“In other terms, according to Optus, the ads do not convey any comparison involving Optus’s network and the network of any other telecommunications company,” Justice Jayne Jagot wrote.
“I concur with Optus’s contentions. When every single advertisement is viewed as a total Telstra’s contentions as to the representations conveyed are untenable.”
The ads contained “no reference to any company other than Optus” and instead contained only Optus branding.
“By the time the ultimate image and the allegedly offending terms are achieved the viewer is aware of that the advertisement is about the spots where by Optus’s cell network is accessible,” the judgment states.
“The viewer will construe the statement “covering more of [Australia/Condition] than at any time before” followed by the word “Optus” as indicating that Optus is covering more of [Australia/Condition] than at any time before”
“The terms ‘ever before’ do not propose that Optus has accomplished some thing no telecommunications company has accomplished at any time just before.”
The Federal Court docket dismissed Telstra’s case and ordered it to pay Optus’ prices.