Telstra loses appeal against Optus ads of payphones sinking into desert
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On May 30, in a blow to Telstra, Supreme Court of Victoria judge John Robson said the Optus advertising images were “humorous” and not misleading to consumers, while accepting that the phone boxes had a “distinctive shape, and blue-and-orange colour scheme” making it “easily recognisable as a Telstra phone box of the type that was once commonplace on Australian streets” even without a logo present.
Telstra took Optus to court over its advertisement, showing a sinking phone box.
A court injunction had been granted earlier on in the proceedings to block the advertising, and Telstra gave an undertaking as to damages as part of this action and may be liable for damages.
Telstra filed an appeal against the decision after losing its Supreme Court of Victoria case. On December 18, the Court of Appeal threw out its case, noting that “none of the proposed grounds [for changing the ruling] has any real prospect of success”.
A Telstra spokesman referred to the most recent P3 report, which saw Telstra ranked highest for its network. Last month, Telstra regained its top position after a change in measurement methodology. The P3 Benchmark Test was described by Telstra as showing “half the story” when it was released in December 2017.
Article source: http://smh.com.au/queensland/brisbanes-2-million-koala-research-facility-gets-2018-opening-date-20161206-gt50wa.html
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