AOC v Telstra: Court Challenge Dismissed
The Australian Olympic Commitee’s legal challenge against Telstra over their “Go to Rio” advertising campaign has been dismissed in Federal Court today.
The case, launched approximately two weeks ago, saw the AOC take the telecomm to court after they allegedly breached section 36 of the Olympic Insignia Protection Act 1987.
Instead, Justice Michael Wigney dismissed the AOC’s application, saying that “The AOC has not demonstrated that any of the individual Telstra advertisements, or promotions, or Telstra’s overall ‘Go to Rio’ campaign, conveyed a misleading or deceptive representation, or involved misleading or deceptive conduct.”
According to Justice Wigney’s judgement, “There could be no doubt that Telstra’s campaign was themed around the forthcoming Rio Olympic Games.”
“It is, however, not enough for the AOC to prove that the advertisements were Olympic-themed. Were they so, any advertisement over the next month that used Peter Allen’s I Go To Rio song (and it is not difficult to imagine that everyone will be heartily sick of that same by the end of the Rio Games) or images of people playing or watching sport, might equally be accused of misleadingly associating themselves with the Olympics Games or Olympic bodies.”
The AOC were ordered to pay Telstra’s costs in the matter.