Thursday, 4 February 2010

Telus Defeats Rogers in Court Telus Granted Temporary Injunction Over Rogerโ€ s โ€ Canadaโ€ s Most Reliable Networkโ€ Ads

By now you should be familiar with the whole drama between AT T and
Verizon which we covered extensively here on TFTS. And it looks like
Canadian carriers have decided to go to war too. I am talking about
Telus and Rogers, two very powerful wireless services providers in Canada.
While AT T sued Verizon in the USA for allegedly misleading ads, Telus
has done the same thing in Canada. Telus has sued Rogers with similar
claims. The company alleged that Rogers s ads are misleading as they
suggest that Roger s network is faster and more reliable than Telus
network. Telus has been referring to those ads in which Rogers is
claiming to be Canada s most reliable network , a network that
happens to be two times faster than any other.
Telus is particularly annoyed with these ads as it has just launched its
brand new 21Mbps HSDPA network and thus it s able to match the speeds
and reliability offered by Rogers. Telus did ask Rogers to remove its
ads but the latter hasn t complied. What followed was only natural and
very predictable. Telus filed a suit with the Supreme Court of British
Columbia against Rogers.
Rogers defended its ads by saying that Telus hasn t offered any data to
support the fact that Telus network offers a similar performance to
Rogers s network. But apparently that wasn t enough in court.
Telus has been granted a temporary injunction that might force Rogers to
stop those ads. Mr. Justice J. Christoper Grauer ruled in favor of Telus
saying that: the technological advantage that allowed Rogers to
represent that it has Canada's most reliable network has disappeared,
and continuing the ads would be misleading.
While AT T failed to win in court against Verizon, Telus has defeated
Rogers, at least for now. But all those rulings are still temporary. AT
T will continue to argue its case in court and so will Rogers. Who will
win? It doesn t really matter at this point since consumers should be
the actual winners. Fierce competition like this should lead to better
network performances and overall better services for the subscribers of
the carriers in question.
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