In late February, Boost Mobile emailed media to tell us it was going after Optus for using its name on its new campaign. In March, the Federal Court sided with the telco (the Boost one) and declared Optus had to cease using the word boost. Today, Boost said the pair had resolved their dispute and that Optus would move forward with its product being offered under a different name.
Let’s go back to the start.
Optus announced ‘Internet and Mobile Boost’. Activated in-app, for a cost of $5, customers could get an ‘Internet Boost’, which would up their NBN speeds for 24 hours. Similarly, ‘Mobile Boost’ would give customers the chance to “prioritise their mobile data connection to achieve better connectivity” for $2 for an hour.
We thought the initiative itself was a smart move from Optus – if I had far better NBN speeds for 24 hours I’d probably consider upping my plan – but alas, it’s not the deal itself that caused a stir. It was the name choice.
In the original version of this article, our headline read: Boost Mobile Is Pissed Optus Used the Word Boost (But Somehow Didn’t Notice All the Juice Bars). At the time of publish, we reminded everyone of Boost juice and the Cadbury Boost bar, as a few examples of where else in Australia the word ‘boost’ was being used. It was brought to our attention shortly after that Boost owns trademarks within the telecommunications space. This includes the word Boost, Boost Mobile, etc when used in a telco capacity.
Fair.
At the time, Boost Mobile gave Optus until 5pm (this was on Friday, February 24), to cease using the word Boost. Boost Mobile founder Peter Adderton had some things to say.
“Just when I didn’t think Optus could embarrass themselves any further, they once again surprise us all. Earlier this week, Optus launched products under the BOOST brand which Boost Mobile considers must be a deliberate attempt to trade off our valuable BOOST brand and success,” he wrote.
“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.
“Our six different Australian trademarks, including the word BOOST, cannot be so easily traded off by an organisation scrambling to create relevancy with consumers.”
In response, Optus told Gizmodo Australia:
“We have received a letter raising concerns on behalf of Boost Telecom,” a spokesperson said, despite the brand being called Boost Mobile.
“Optus is considering this, but does not consider that any customer could confuse Boost Telecom with Optus.”
Then, in March, the Federal Court granted interlocutory relief (an injunction) to Boost Mobile. While notice of the ruling was provided by Boost PR, it was EFTM who provided some further colour. Per the report, Justice Thawley ruled that Optus must cease to use the “Boost” name in its products and marketing until a full hearing into the trademark dispute between Boost Mobile and Optus can be heard. Optus used the opportunity to clarify with Gizmodo Australia that it was merely 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.
The spokesperson also said the telco was disappointed with the ruling.
“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,” they wrote.
“We look forward to the case being fully heard and determined by the Federal Court as soon as possible.”
That brings us to today, and Boost Mobile said the pair have reached an agreement.
“Boost Tel Pty Limited and Singtel Optus Pty Limited have resolved their dispute concerning Boost Tel’s BOOST trademarks,” the spokesperson said, adding clarification that: “Boost Tel had alleged that the launch of new tools by Optus under the names ‘Optus Internet Boost’ and ‘Optus Mobile Boost’ was an infringement of its trade mark rights. The matter was due to be heard in the Federal Court on 20 June 2023. Optus denies it engaged in any trade mark infringement but for commercial reasons it has decided to relaunch these tools under different names.”
The terms of settlement are confidential, but Optus offered one last comment on the matter.
“Optus denies it engaged in any trade mark infringement but for commercial reasons it has decided to relaunch these tools under different names,” the spokesperson said.
Optus has also made the YouTube clip announcing the new products private.
This article has been updated since it was first published.