Optus has walked away with its tail between its legs after settling its legal dispute with Australian telco Boost Mobile, agreeing to change the name of its products that included the word ‘boost’.
The case was due to be heard in the Federal Court next Tuesday.
Boost Mobile took issue with Australia’s second-largest telco in early March after Optus after began promoting products called Mobile Boost and Internet Boost.
"Boost Mobile will not tolerate Optus’ behaviour and we have demanded that Optus stop using our Boost brand immediately,” Boost Mobile founder Peter Adderton said at the time.
In a statement yesterday, Optus continued to deny it had “engaged in any trademark infringement” but would be changing the names of its products “for commercial reasons”.
The terms of the settlement are confidential.
In March, Optus was adamant its product Mobile Boost could not possibly cause customers to become confused with Boost Mobile and said it would be defending any legal action.
Two weeks later, Boost Mobile was successful in gaining an injunction against Optus to stop the telco using the ‘boost’ name in its products.
“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,” Adderton said.
“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 continued to argue it was not in the wrong. “We look forward to the case being fully heard and determined by the Federal Court as soon as possible,” a spokesperson said.
But it was not to be, with the settlement announced just six days before the 20 June court date.