VANCOUVER – Now that Telus and Bell also operate HSPA wireless networks, too, Rogers Communications can’t call itself “Canada’s most reliable network” any more without proper qualifiers.
As we reported last week, Telus launched a lawsuit over Rogers’ claims to be fastest and most reliable, asking the Supreme Court of British Columbia to step in and force the big red machine to alter its marketing messages.
While Rogers dropped the “fastest” claim in early November when the new Telus and Bell net was launched, it has stuck with “most reliable”, a claim Telus insists must end.
After hearing all about HSPA and HSPA+ from the parties, Justice Christopher Grauer said in his decision Tuesday: “What is clear from the evidence before me is that the present network technology is at least equivalent between Rogers and Telus.”
So, Rogers won’t be able to say it has the most reliable network “without appropriate qualification,” writes the judge.
However, Rogers has been given “a reasonable period of time” to change its ads and Justice Grauer directed the two parties to draft what they consider should be the proper remedy to the injunction and adjourned until Friday.
– Greg O’Brien
