Optus fighting Federal Court injunction over ‘Boost’ trademark

A war of words has erupted between two Australian telcos over the word ‘boost’.

Boost Mobile founder and global telco entrepreneur Peter Adderton. Picture: Supplied.

Australian telco Boost Mobile has sought a Federal Court injection against giant Optus for alleged trademark infringement, with a war on words erupting over the company’s use of the word ‘Boost’.

Optus this month launched ‘Boost’, an offering allowing customers to maximise their NBN and mobile speeds for an extra fee.

Boost founder Peter Adderton took umbrage with the naming choice and last week threatened legal action, a request Optus seemingly ignored and that he has now followed through on.

A Federal Court case management hearing between the two telcos took place on Tuesday afternoon in Sydney, with Boost seeking to stop Optus using the words ‘Boost’ or ‘Mobile Boost’.

“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, and we are set down for a March 13 court date,” Mr Adderton told The Australian on Tuesday.

“We are defending our own trade marks 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.”

Founded by Mr Adderton in 2000, Boost Mobile offers discounted mobile and data plans using Telstra‘s network.

Optus CEO Kelly Bayer-Rosmarin. Picture: NCA NewsWire / Damian Shaw

Optus, which last year suffered one of the largest data breaches in Australian history, last week launched two new products, Internet Boost and Mobile Boost, which it says will give customers needing higher streaming quality or extra bandwidth a speed boost. The offering costs $5 per day for NBN customers and $2 per hour for mobile customers.

An Optus spokeswoman said the telco would defend the action by Boost Telecom.

“Optus will be defending its legal position but as the matter is now before the courts, we won’t be commenting further.”