The Federal Court has ordered telecommunications provider, Optus, to stop using the term ‘Mobile Boost’ and other associated terms after an injunction was granted to Boost Mobile over the use of its trademark.
Commenting on the decision, Boost Mobile founder, Peter Adderton (pictured) said, “We appreciate the judge respecting the urgency of this issue, forcing Optus to stop using our trademarked brand immediately, and appreciating how important our brand is to Boost and our customers. I hope Optus is realising that this is not a fight worth fighting such that they agree to move on and find a new word to describe its products.”
Justice Tom Thawley, who ruled in favour of Boost, said the decision was informed by the strength of the case.
“The potential confusion and risk of damage to Boost will be exacerbated while Optus expands the promotion of its Optus Internet Boost and Optus Mobile Boost features in television appearances and advertising, digital video advertising, radio interviews, social media advertising, digital media process and retail marketing,” he said.
Optus launched products under the Boost brand which Boost Mobile considered a deliberate attempt to trade off its brand and success.
At the time, Adderton said: “Boost Mobile has not authorised Optus to use our Boost brand, and we are not collaborating with Optus. Boost Mobile is focused on customer experience through great everyday value and access to the full Telstra network.”
Boost Mobile demanded that Optus stop using the Boost brand in its marketing immediately, or risk legal proceedings for trademark infringement.
“We are defending our own trademarks within the telecommunications space, something we have every right to enforce and protect after investing in the Boost brand and business for more than 22 years. 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,” Adderton said at the time legal activity commenced and an urgent hearing was received.