Optus says its new product Mobile Boost could not possibly cause customers to become confused with Australian telco Boost Mobile.
But Boost Mobile begs to differ and has secured an expedited Federal Court hearing for 13 March to stop Optus from using its trademarks.
"Boost Mobile has not authorised Optus to use our Boost brand, and we are definitely not collaborating with Optus,” said founder Peter Adderton.
"Just when I didn't think Optus could embarrass themselves any further, they once again surprise us all.”
Optus recently announced two products, Mobile Boost and Internet Boost, which Adderton believes is “a deliberate attempt to trade off our valuable Boost brand and success”.
"Boost Mobile will not tolerate Optus’ behaviour and we have demanded that Optus stop using our Boost brand immediately,” Adderton said, adding Optus had been sent legal correspondence to stop using the Boost name.
Optus confirmed it had received the notice.
“We have received a letter raising concerns on behalf of Boost Telecom,” an Optus spokesperson told Information Age.
“Optus is considering this but does not consider that any customer could confuse Boost Telecom with Optus.”
Boost Mobile is an Australian telco which has been offering services on the Telstra network since August 2000.
“Over the last 22 years, we have built a telco brand that is now globally recognised and respected,” said Adderton.
“Our six different Australian trademarks, including the word Boost, cannot be so easily traded off by an organisation scrambling to create relevancy with consumers."
Optus told Information Age it will be defending its legal position but as the matter is now before the courts, it will not be making further comment.
Adderton, meanwhile, said he was pleased the Federal Court had “appreciated the urgency of this matter” and looked forward to the hearing “where this will be discussed in greater detail in front of the court".
“All Optus needs to do is show some level of creativity and come up with other product names for their offerings,” he said.
“I would be happy to meet with the Optus marketing team and give them some suggested alternatives if they are struggling for new ideas."
Optus was breached last year, with the details of 9.8 million Australian exposed.
The Office of the Australian Information Commissioner (OAIC) and the Australian Communications and Media Authority (ACMA) are currently investigating how Optus handled data with a view to imposing millions of dollars in fines.