Telstra Sinks As Court Rules In Favour Of Optus
Telstra has lost its battle with Optus over a series of ads featuring a phonebox sinking into the sand during a court hearing.
The ads in question include a tagline stating, “Empires end. That’s what they do,” accompanied by an image of an orange and blue phone box.
According to Telstra, the ads, which were designed by Optus’ internal agency Yes Agency, indicate a “significant and permanent change in the relationship between the Telstra and Optus mobile networks”.
However, Judge John Robson has opposed Telstra’s claims, arguing the phone box ads do not mislead consumers and is instead “humorous”.
Robson added, “[The] distinctive shape, and blue-and-orange colour scheme” made it “easily recognisable as a Telstra phone box of the type that was once commonplace on Australian streets”.
Though, purposely omit the telco’s actual logo from the design.
“It would be fanciful to imagine that the humorous image of a Telstra phone box in a desert landscape would persuade a reasonable person that Telstra’s strong position in the market has been permanently destroyed,” he said.
The win for Optus follows the ongoing court proceedings between the two telcos, with both claiming its competitor’s advertising has been falsified.
Last week, Telstra was reprimanded by the Federal Court for its ‘Unlimited’ slogan.
Advertising across out-of-home and social media claimed the telco offered ‘Unlimited’ mobile plans, with ads stating, “One word from Australia’s best mobile network. Unlimited.”
Though, according to the Federal Court’s Justice Jacqueline Gleeson, the mobile plan “does not offer a mobile product or service that is unlimited”.
This decision followed Optus being forced to pull ads which used data from an international report.
Telstra claimed Optus’ advertisements were false and launched an application for an injunction preventing Optus from using the report’s findings for advertising purposes.
“The P3 report is not a sufficient basis to support the claims made by Optus and in fact ranked Telstra best for data performance,” a Telstra spokesman told The Australian.
Now, Justice Ross Robson has granted the application, meaning Optus will be forced to pull the advertising until the matter is taken to trial at Victoria’s Supreme Court next Tuesday.
“I am satisfied that there is a serious question to be tried in relation to the allegations of misleading or deceptive conduct on the part of Optus,” Robson said.
Latest News
Smart Speakers Stung By Ad Fraud Costing Brands $1M Per Month, Says DoubleVerify
Be wary of a Nigerian sounding bloke that claims he is Kochie and pimping crypto on a smart speaker near you.
Contiki Challenges Influencers To ‘Switch On Social Travel’ In New Campaign Via We Are Social
Contiki wants influencers to give up irritating selfies on holiday by funding them to create irritating selfies. Genius.
“We Are In Our Epic Era”: Natalie Harvey On The Big Changes Coming As Mamamia Celebrates 10 Years Of Podcasting
Natalie Harvey has taken on the Mamamia CEO's chair that B&T hopes sports a mashed pumpkin vomit stain.
TV Ratings (08/05/2024) : Team USA Become First Female Team To Win LEGO Masters Australia
It's not been a great day for Australia - out early in Eurovision, crushed by the Yanks in Lego Masters.
GroupM Hires Former Amazon Ads Global Head Of Services
GroupM poaches Amazon's Mark Lomas to lead its retail media business. Says he has no opinion on Jeff Bezos' new yacht.
It’s All About The Indies! Introducing The Best Of The Best Indie Executive Creative Leaders 🎉
Indie agencies are thriving & it's mostly thanks to these industry leaders. And their delegating to the lackeys.
Introducing BrandComms.AI, Forethought Revolutionises How Brands Do Effective Creative
Marketing & strategy agency Forethought unveils new AI offering. Yet can't explain the plot to any of the Matrix films.
Independent Media Agencies Of Australia (IMAA) Announces Record 44 New Group Deals For 2024
The Independent Media Agencies rolls out even more support for its members. Alas, no signs of any discounted arancini.
After Google Search Spike, Reddit Shares Jump 14% In First Quarterly Results Since IPO
It looks like being a top time to be investing in the tech space. Defence industries & missile makers also doing well.
Gippsland Dairy Celebrates The Deliciousness Of Patience With ‘Slow Good’ Platform Via Special
Yoghurt's a lot like online dating, red wine & running marathons - you think it's good for you, but it probably isn't.
Let Them Eat Cake: Cashed-Up Professionals Are Back In CBDs And Airports And They Want Their Audis
Latest study finds the ABs are returning to offices & reveals how brands can cash in. Just not the work from home brands.
Mariah Carey Lends Her Inimitable Voice to ‘Portrait of a Portrait’, Audible’s Latest ‘Words + Music’ Installment
Think Mariah's only good for annoying the shit out of colleagues at Christmas? Think again with this new Audible work.
AiMCO Announces New Member Webinar To Deep-dive Into The Intricacies Of Influencer Agreements
Work with influencers? This webinar's a must. And, thankfully, sporting immaculately white teeth isn't a prerequisite.
TikTok’s Head Of People AUNZ Laura Chuck Leaves After Nearly 4 Years
As much as B&T wanted to use "chucks it in" in this headline, we didn't want the Chinese government coming after us.
News Corp Australia Gets Ready For D_Coded 2024
News' D_Coded event returns for 2024. And that can't be said about Alan Jones, the Masked Singer or plant-based meat.
Ideally Continues high growth trajectory, appoints senior marketing lead
Maura Halpin brings impressive resume to her new role at Ideally. Although her bronze in Year 12 swimming has vanished.
Feel-Good Gin! The Oasis Committee And Spirit of Little Things Collab On Charity Gin
Want to help disadvantaged youth all while drunkenly phoning an ex at 3am? Have we found the gin for you!
TV Ratings (06/05/2024): Emotional Lego Masters Goodbye Does The Numbers For Nine
And we thought Lego could only make you cry when you accidentally stood on a piece.
Lisa Wilkinson AM To Join Cannes In Cairns As Keynote Speaker
Multi-Award Winning Journalist and TV Host Lisa Wilkinson AM to speak at Cannes in Cains, sponsored by Pinterest.
Mamamia Names Natalie Harvey As New CEO
Mamamia has today announces the appointment of Natalie Harvey as Chief Executive Officer.
‘The Media Has A Way To Go On Diversity’ – Diversity Council Leader Lisa Annese On Industry Diversity And Why Sunita Gloster Is An Important Addition To Their Board
Few are more qualified than a Gruen regular to knock adland and the media into shape on diversity.
Mike Shows Up At A Wake And Still Hasn’t Seen That Show, In Latest Instalment Of ‘I Saw It On Binge’, Via Thinkerbell
Why is it we pay for 19 SVOD accounts namely due to FOMO but then rarely bother to watch the shows anyway?
Flexiroam Partners With Specialist Agencies To Launch “Ready For Anything” Global Campaign
Do you return from overseas with Bali belly, a possible STI & a huge phone bill? FlexiRoam may help with the last one.
Samsung Unveils Power Of AI To ‘Upscale Every Moment’ With Neo QLED 8K
Got mates who brag about their 83-inch, 10K resolution, OLED screen TV? You're just as bored & baffled as all of us.
Media-Wize Wins AUSCERT PR Account
Media-Wize calls itself "a media training and technology and cyber security PR agency". Think nerds with better hair.
Snapchat Taps Gelato Messina In New Brand Campaign
B&T needs little tempting to scoff more Gelato Messina. Apart from having to go up a size.
Travel Insurer Trippi Draws Ire From The Brazilian Embassy Over Cheeky Brazilian Ad
There's a very fine line between "playful" and "utterly offensive". These ads are almost a dictionary definition of it.
Racing NSW Hits Tabcorp With Legal Action Over $6 Million Revenue Loss
Here's some horse racing news that thankfully doesn't require a silly hat or passing out in a nearby rose bush.
AI Tools Such As ChatGPT Leading To ‘Content Overwhelm’ Among Marketers
Study says tech leading to an avalanche of content for marketers. Not to mention having to read the instruction manuals.
Stake Appoints 72andSunny As It’s Creative Partner
72andSunny nabs Stake's creative. And by that we mean the investment platform, not the nemesis of all vampires.
61% Of Aussies Want Corporate Australia To Stay Away From Social & Political Issues Leo Burnett Study Finds
Do you love a study that appears to fly in the face of every study before it? Be mesmerised by these results from Leos.
Brendon Cook, OAM, Inducted into the OMA Hall of Fame
Other than Australia's typically pleasant weather, no one's done more for outdoor than the former oOH! boss.
New Campaign Highlighting Renewable Gas As A Crucial Component Of Energy Transition
It's hard not to make a renewable gas ad sound like a tedious Year 9 science lesson. So well done to the agency here.
Love Media Welcomes Alana Dowling As New Client Director
Seasoned media pro Alana Dowling joins the Love Media team. Clearly replacing someone who didn't love it
B&T 30 Under 30 – Where Are They Now? Until Recently, Prison!
A prestigious 30 Under 30 gong can get you headhunted, promoted or, in this instance, a two-year stint in the slammer.
“We Will Never Tell A Journalist What To Write” – Nine’s Aimie Rigas On How Data Is Shaping News
Data becoming the journalist's tool for more engaged content. Still not beating dodgy MAFS contestants or a Kardashian.