Boost founder urges Optus to ‘show some creativity’ as telco war heads to Federal Court
Things are heating up in the telco war between Boost Mobile and Optus over use of the word ‘boost’ with the matter heading to Federal Court.
Boost Mobile has entered into Federal Court proceedings against Optus over the telco’s use of the word ‘boost’ in a recent marketing campaign. Boost’s founder, Peter Adderton, has been vocal about the alleged trademark infringement, saying Optus is “embarrass[ing] themselves.”
The telco showdown began publicly on Friday when Boost Mobile issued a statement regarding Optus’ new Internet Boost and Mobile Boost product offerings. These allow customisers to “maximise” their current NBN or mobile speeds for a short period of time for an added charge.
Optus first announced the new offerings on February 22, with Boost Mobile filing an intellectual property dispute with the Federal Court on February 24. Boost made a public statement about it on the same day.
“Just when I didn’t think Optus could embarrass themselves any further, they once again surprise us all,” Boost Mobil founder, Peter Adderton, said in a statement.
“Earlier this week, Optus launched products under the BOOST brand which Boost Mobile considers must be a deliberate attempt to trade off our valuable BOOST brand and success.”
Adderton stated that Boost Mobile had not authorised Optus to use the Boost brand and confirmed that the companies were not working in collaboration. He also stated that legal proceedings would begin for alleged trademark infringement if Optus didn’t “stop using our BOOST brand immediately.”
“Our six different Australian trademarks, including the word BOOST, cannot be so easily traded off by an organisation scrambling to create relevancy with consumers,” Adderton said.
Federal Court expedites Boost vs Optus hearing
The Federal Court granted Boost’s request for an expedited hearing, which will begin on March 13.
Boost has stated that it’s defending its trademarks specifically within the telecommunications space. It’s unclear whether this subtle distinction could potentially be due to the existence of juice bar giant Boost Juice.
“We want Optus to stop using our trademarks which include the words Boost and Boost Mobile. As an Australian business we will always fight for what is right and look forward to the hearing where this will be discussed in greater detail in front of the court,” Adderton said in a statement on Tuesday.
“All Optus needs to do is show some level of creativity and come up with other product names for their offerings. I would be happy to meet with the Optus marketing team and give them some suggested alternatives if they are struggling with new ideas.”
In contrast, Optus has remained relatively tight-lipped about the alleged infringement. Last week the telco did state that customers were unlikely to confuse Boost and Optus, but it is now keeping quiet stating that litigation has commenced.
“Optus will be defending its legal position but as the matter is now before the courts, we won’t be commenting further,” an Optus spokesperson said in an email to SmartCompany.
