The Federal Court granted Boost Mobile interlocutory relief, ruling that Optus must remove the word ‘Boost’ from all its branding and advertising.

The ruling comes after Optus launched two new offerings last month, Internet Boost and Mobile Boost.

Boost Mobile founder Peter Adderton was not pleased, saying Optus was trying to “trade off our valuable Boost brand”.

“We are defending our own trademarks within the telecommunications space, something we have every right to enforce and protect after investing in the Boost brand and business for more than 22 years,” Adderton adds.

“We want Optus to stop using our trademarks, which include the words Boost and Boost Mobile. As an Australian business we will always fight for what is right and look 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. 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 doubted “any customer could confuse Boost Telecom with Optus”.

Justice Thomas Thawley said he was “satisfied there would be confusion”, and the fact Optus has added its name “does not protect against the claim”. He also said it was appropriate to grant interlocutory relief due to the telco’s reach.

“This decision is informed by the strength of the prima facie case, the fact a final hearing may or may not be achievable in the timeframe suggested in the fact that it is not known what length of time might be required for judgement to be delivered during that time,” Thawley says.

“The 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.

“Boost’s prima facie case is relatively strong. I consider it appropriate to grant interlocutory relief.”

Adderton (pictured above) was pleased with the ruling.

“We appreciate the judge respecting the urgency of this issue, forcing Optus to stop using our trademarked brand immediately, and appreciating how important our Brand is to Boost and our customers,” he says.

“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.”

Optus said it was disappointed by the relief given.

“The ruling is disappointing, but it is an interim order to temporarily prevent the use of Optus Mobile Boost and Optus Internet Boost whilst the matter goes to a full and final hearing,” a spokesperson says.

“We continue to believe that no customer will be confused into thinking these features of the Optus Living Network are being supplied by or are affiliated with Boost Mobile.”