Boost Mobile is seeking an injunction this afternoon in the Federal Court in NSW, to stop Optus using the words Boost Mobile or Optus Boost Mobile wording after a falling out between the two mobile phone operators.

The move to seek an injunction was taken after Optus appeared to ignore a request by Boost Mobile to stop using what is a trademark-registered name owned by Boost Tel Pty Ltd, that trades in Australia as Boost Mobile and have done so for several years.

“Boost Mobile has not authorised Optus to use our Boost brand, and we are definitely not collaborating with Optus. Boost Mobile is focused on customer experience through great everyday value and access to the full Telstra network.

“Boost Mobile will not tolerate Optus’ behavior and we have demanded that Optus stop using our BOOST brand immediately,” claims Peter Adderton, the founder and CEO of Boost Mobile.

On Friday, Optus was sent a legal letter by Boost Tel Pty Ltd giving them until 5pm Friday night to respond and stop using the name Boost in its marketing, or otherwise legal proceedings would commence for trademark infringement”

Peter Adderton, Boost Mobile

The deadline came and went, with the only change being a minor one on the Optus website.

The issue so concerned Kelly Bayer Rosmarin, the CEO of Optus, that she cancelled press meetings at Mobile World Congress in Barcelona after the issue between Boost and Optus became public.

“She did not want to take questions on the issue as it was being investigated by Optus legal,” claims an Optus insider.

Adderton says that Boost Mobile is a local, Australian-born success story which, over the past 22 years, has built a telco brand that is now globally recognised and respected. Our six different Australian trademarks, including the word Boost, cannot be so easily traded off by an organisation scrambling to create relevancy with consumers.”

On Friday, Adderton said, “While no further comment will be made for now, what I can say is – watch this space.”

Last week, Optus Marketing executives announced two new services called “Internet Boost” and “Mobile Boost” that allow customers to pay for short-term improvements to service and speed. The request by Boost Mobile could see the carrier forced to change the name of their latest marketing initiative.

“This is a blatant attempt to trade off the success of Boost and Boost Mobile,” says Adderton.

“With a third of Aussies using their mobile and internet data for streaming movies, Optus Boost products are revolutionising on-demand options that suit every lifestyle and budget,” Matt Williams the head of Marketing and Revenue at Optus claims.

He said, “For instance, to access the Internet Boost product, eligible Optus customers just need to head to the Speed tab of the My Optus app and click ‘Boost for 24 hours’ to get the maximum speed available on your home NBN at your premises – giving our customers even faster speed when they need it most!”.

I wonder how long it will be before we see a Yes! Boost Mobile Marketing Campaign.

As one observer says, “I think Boost Mobile have a better chance than Optus has with the word Yes!”