Boost Tel, the owners of Boost Mobile, has been granted a hearing by the Federal Court in March, after they sought interlocutory relief against Sing Tel, the owners of Optus, who they have accused of breaching intellectual property via the use of the name Boost Mobile in Optus marketing.
Justice Abraham has scheduled a hearing at 10:00am on Monday, 13 March 2023, before the Duty Judge.
The respondent is to file and serve any evidence in answer to the applicant’s claim for interlocutory injunctive relief by 4:00pm Monday, 6 March 2023.
Peter Adderton, the CEO and founder of Boost Mobile, said after the hearing, “We are pleased that the Federal Court has appreciated the urgency of this matter such that we were able to have an expedited hearing today.”
“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.
“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.”
The respondent is to file and serve written submissions no longer than 10 pages by 5:00pm on Friday 10 March 2023.
Costs in the case have been reserved.
