Carrier fight! MetroPCS has had enough of Boost Mobile’s bullying ways, and is taking it to Dallas County district court to end the tirade. The big, mean men at Boost have apparently launched what Metro deems a “smear campaign” in Texas, where Boost is pimping their new “Boost Unlimited” service. This runs on the same premise as Metro: unlimited calling for a flat-rate with no contract or credit check. Noice. Of course, Metro sees that as a direct threat, so they’ll take any measure possible to push Boost to the curb, even if it means filing suit.
The first allegation is over a Spanish-language ad that mocks MetroPCS, calling them “GhetroPCS.” We find that kind of funny, but of course the corporate suits at Metro aren’t taking it that well. The supposed content of the ad: “…throw that GhetroPCS into the trash and join with Boost Unlimited.” We like that ad; it sounds like what we’d say to a friend. Which, really, is the essence of advertising.
The other ad in question features the usage of the spoken words, “hello, hello, hello,” which are played along with some background music and a chime. MetroPCS claims they have “acquired common-law trademark rights to the sequence.” Yes, because you should be able to own a trademark on a phrase used by millions of Americans every day. We said “hello, hello, hello” when a friend called earlier; incidentally, there was music in the background and the call was made around noon, so our grandfather clock chimed. We hope we’re not served with papers by MetroPCS.
MetroPCS says Boost, an Irvine, Calif.-based unit of Sprint Nextel, has infringed on its common-law and federal trademarks, diluted its trademarks and disparaged its business, according to the suit. It is seeking a temporary restraining order and temporary and permanent injunctions barring Boost from using MetroPCS’ trademarks in its ads or spreading “disparaging, false information” about it in advertising.Honestly, we see this as a big reach by Metro. They have a teeny, tiny coverage map. Boost uses Sprint’s network, so they have nationwide coverage. Hence, Metro feels threatened, because a nationwide service could easily crush a regional carrier that provides a nearly identical service.
In an Aug. 3 conference call with analysts, Thomas Keys, MetroPCS’ president and chief operating officer, said the company is not seeing any significant impact on its business from Boost’s Texas and California campaigns.That statement could very well be a front. After all, Boost Unlimited added 100,000 subscribers in the past quarter alone — and it is only available in parts of Texas and California. So yeah, naturally we see that cutting into Metro’s bottom line. If they’re truly not seeing it yet, they sure as hell will next quarter. Official prediction: Metro ain’t winning this one. [Dallas Business Journal]]]>