Optus Slapped With Court Injunction Over “Boost” Branding In Adverts

Melbourne, Australia - August 6, 2015: A woman walks past an Optus store on Bourke St. Optus is the second largest telecommunications company in Australia.

Optus has been slapped with a court injunction, forcing it to stop using the word “boost” in its advertising.

Optus had been taken to court by Boost Mobile, a mobile virtual network that runs on Telsta’s infrastructure. Boost said that it had been using the word for more than two decades to sell prepaid mobile contracts and refurbished phones.

Optus had launched “Optus Internet Boost” and “Optus Mobile Boost” in January and February this year.

While Optus maintained that “boost” was an ordinary word that accurately described the effect of its new products, Boost claimed that it was an integral part of its brand and considers it to be its most valuable asset. In fact, the company had invested more than $10 million per year in building its brand.

A screenshot from a now-deleted YouTube video from Optus. Credit: Gizmodo/YouTube

“I consider that consumers are likely to be misled and that this confusion will result in significant and irreparable harm to Boost,” said Boost Mobile CEO Warren Hardy.

“Any use of the Boost brand by Optus would curtail future planned growth opportunities, and would require Boost to alter its marketing to avoid consumer confusion.”

Optus maintained that the risk of consumers buying its services, while mistakenly believing that they were getting their phone or data from Boost Mobile was “non-existent or at best vanishingly small.”

There was, however, a smoking gun.

“The damning evidence for Optus was apparently a marketing document that was tabled during the hearing that did actually show Optus had recognised the fact there was Boost Mobile out there,” said Tech Guide Editor Stephen Fenech.

The judge, Mr Justice Tom Thawley said that, “The imperfect recollection of a number of typical consumers would not clearly remember or distinguish between the order of these words. In reaching this conclusion, I do not lose sight of the fact that the BOOST MOBILE mark is a figurative one and “Mobile Boost” are just words.

“It is to be accepted that, where it is used, the word OPTUS cannot be ignored.”

When handing down the injunction, Thawley also added:

“Potential confusion and the 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.”

The last six months for Optus have certainly been rough with the brand still reeling from its huge data breach in September last year.




Please login with linkedin to comment

boost mobile Optus

Latest News

Did Somebody Say ‘Spend Less’: Menulog Parent Axes $250m From Marketing Budget
  • Marketing

Did Somebody Say ‘Spend Less’: Menulog Parent Axes $250m From Marketing Budget

Just Eat Takeaway.com shaved 20 per cent from its global marketing budget in a year Christina Aguilera and Latto took over ‘Did Somebody Say’ duties from Katy Perry. Its ad business grew by 28 per cent. Menulog’s parent company, Just Eat Takeaway.com, cut its global marketing spend by 20 per cent to €588 million ($981 […]

“There Was A Sense Of Barbie On Every Corner” – B&T Chats With Universal’s Director Of Marketing Suzanne Stretton-Brown
  • B&T Exclusive
  • Marketing

“There Was A Sense Of Barbie On Every Corner” – B&T Chats With Universal’s Director Of Marketing Suzanne Stretton-Brown

After just a few moments of speaking with Universal ANZ’s director of marketing Suzanne Stretton-Brown, one thing is very clear: she loves her job. For those of you not aware (where have you been!?), Stretton-Brown is the power house behind marketing last year’s juggernaut Barbie.   She chatted with B&T during our recent CMO Power List. […]

The Coffee Commune’s “Finding Brisbane’s Best Cafe” Achieves Record Entries
  • Campaigns

The Coffee Commune’s “Finding Brisbane’s Best Cafe” Achieves Record Entries

To promote the launch of its latest campaign, ‘Finding Brisbane’s Best Cafe’, The Coffee Commune (TCC) harnessed the power of radio, digital and programmatic OOH. The seven-week campaign also served to increase The Coffee Commune’s membership, and via TFM Digital, it saw a record 39,633 entries garnered (28,774 unique), with 880+ cafes nominated. Teaming up […]

Are Media Nabs Carly Bowra From Seven Network
  • Media

Are Media Nabs Carly Bowra From Seven Network

Are Media, Australia’s leading omnichannel content company for women, today announced the appointment of Carly Bowra to the new role of director of marketing, effective immediately. Reporting to Are Media chief executive officer Jane Huxley and joining the executive leadership team, Carly will be responsible for consumer and channel marketing across the company’s digital and […]

OMA 2023 Creative Collection: UberEats Delivers A Win
  • Campaigns

OMA 2023 Creative Collection: UberEats Delivers A Win

The Outdoor Media Association (OMA) today announced the Grand Prix winner for the 2023 Creative Collection competition as UberEATS’s Get Almost Almost Anything campaign. The Grand Prix winner was chosen from 20 campaigns— all winners of the quarterly Creative Collection competition, which has been run by the OMA since 2013. In total, 135 campaigns were […]

QMS Helps Brands Shine With Pride For Sydney’s Mardi Gras Festival
  • Campaigns

QMS Helps Brands Shine With Pride For Sydney’s Mardi Gras Festival

With the iconic Sydney Gay and Lesbian Mardi Gras Festival dazzling the Harbour City in recent weeks, QMS is embracing the colour, creativity and pride of Mardi Gras with a strong collection of advertisers for the annual celebration of love, equality and inclusion. QMS’ world-leading City of Sydney digital street furniture network is proudly showcasing […]

The Pistol Locks & Loads New Leadership Team
  • Advertising

The Pistol Locks & Loads New Leadership Team

Digital solutions agency, The Pistol, has announced the appointment of marketing executive Ashley Grey as one of two new Group Account Directors, along with the promotion of long-standing senior staffers, Yulia Edirisinghe and Julia Lake, as it significantly bolsters its senior leadership team. Lead image: L-R Yulia Edirisinghe, Ashley Grey, Julia Lake Grey brings nearly […]

“Genius!!” – Network 10 Gives Tillies Goalkeeper A Hilarious Job Title Switch
  • Media

“Genius!!” – Network 10 Gives Tillies Goalkeeper A Hilarious Job Title Switch

It was an incredible win for the Matildas last night with the home side annihilating Uzbekistan 10-0, catapulting themselves to a place in the  2024 Paris Olympics. Network 10, who picked up the rights for the Matildas matches back in 2021, wasted no time in celebrating the victory with a very creative use of Mackenzie […]

In A League Of Its Own: NRL Season Kicks Off On Nine This Weekend
  • Media

In A League Of Its Own: NRL Season Kicks Off On Nine This Weekend

NRL on Nine is in a league of its own. With the 2024 Telstra NRL Premiership season kicking off this weekend, brands have more league to leverage across Nine’s unrivalled Total TV, Total Audio and Total Publishing assets than ever before. With more than 145 games free and live for all Australians on the 9Network […]

DoubleVerify Launches Pre-Bid ‘Made for Advertising’ Tiered Categories For Elevated Brand Suitability
  • Advertising

DoubleVerify Launches Pre-Bid ‘Made for Advertising’ Tiered Categories For Elevated Brand Suitability

DoubleVerify has unveiled its latest innovation in brand safety and suitability with the introduction of tiered “Made for Advertising” (MFA) brand suitability categories for pre-bid avoidance. This first-to-market innovation, integrated into DV Authentic Brand Suitability (ABS), complements DV’s existing post-bid offering and provides advertisers with a full spectrum solution to maximise ad effectiveness throughout the […]

Havas Wins Viatris & Uniting Property Services In Competitive Pitches
  • Advertising

Havas Wins Viatris & Uniting Property Services In Competitive Pitches

Havas Media Network has been appointed media agency of record for global pharmaceutical company Viatris and Uniting Property Services. Lead image: Virginia Hyland CEO Havas Media Network. The remits for both brands cover media strategy, planning, buying, digital performance and search, with Viatris also including retail marketing. A best-in-class global healthcare company, Viatris’ mission is […]

Fictious police desk with crime case records containing gun, blank photos, crime scene information sheet, cd roms, magnifying glass, keys, mobile phone, bullet shell and police reports.
  • Advertising

Crime Pays: Global-First IAB Australia & Neuro-Insight Proves Effectiveness Of True Crime Podcast Advertising

A global-first neuroscience research study has found that True Crime podcast content delivers advertisers’ engagement and memorability at levels known to be effective in influencing consumer decisions and changing behaviour. The Crime Pays: Guide to Understanding True Crime Podcast Audiences and Advertising Opportunities report from IAB Australia and Neuro-Insight, the world’s preeminent neuro-marketing and neuro-analytics […]

Spotlight On Sponsors: Melbourne FC Rocked By Off-Field Scandals But Partnership Portfolio Remains Solid
  • Marketing

Spotlight On Sponsors: Melbourne FC Rocked By Off-Field Scandals But Partnership Portfolio Remains Solid

It’s been a rocky few weeks inside Melbourne FC, with star Demon Joel Smith facing drug trafficking or attempted drug trafficking allegations just a week out from the season’s kick-off. Welcome back to B&T’s Spotlight on Sponsors series, where we unpack all the major sponsorship news from each NRL and AFL team in the lead-up to the new season. Despite a […]

“Cornerstones Of Community Strength”: CARE Spotlights Vital Role Of Women To Overcome Poverty & Recover From Conflict & Disaster
  • Campaigns

“Cornerstones Of Community Strength”: CARE Spotlights Vital Role Of Women To Overcome Poverty & Recover From Conflict & Disaster

This International Women’s Day, CARE Australia will celebrate women as global change-makers amid increasingly frequent conflicts and climate-related crises, with Ashleigh Streeter-Jones, Natalie Kyriacou OAM, and Justine Cullen spearheading the initiative as ambassadors. Lead image: Ashleigh Streeter-Jones In its third consecutive year, the ambassadors will champion CARE Australia’s Her Circle initiative, which recognises that: when […]