Telus' goats jump for joy as the company wins a favorable ruling in the B.C. courts over Rogers' "misleading" claims about network reliability

Ad wars over wireless data don’t just happen in the States.  Canadian providers have also been at each other over ad claims that just don’t tell consumers the whole story.  That’s the conclusion of a judge in British Columbia, who ruled that Rogers Communications’ wireless ads touting the provider as Canada’s “most reliable” are misleading.

In a court ruling Tuesday, the judge ruled in favor of a complaint lodged by Telus Communications that argued their wireless network was just as good as what Rogers had to offer.

[flv]http://www.phillipdampier.com/video/Rogers Stick Internet Fastest Network Ad.flv[/flv]

Rogers “Prove It – Foot Print” Ad touts “Canada’s fastest mobile network.” (30 seconds)

What is really at issue, once again, is the differences between two different wireless network standards.  Rogers beat Telus and Bell in upgrading its network to “High Speed Packet Access” technology, which has been marketed with more familiarity to consumers as “3G.”  Once Rogers launched the service, up went advertising promoting Rogers as the “fastest” and “most reliable” Canadian mobile provider.  Last month, Rogers was forced to drop the “fastest” claim, but has maintained it runs the most “reliable” network in the country.

Now that Telus upgraded their network, they wanted to know what justification Rogers had to claim that.  Telus eventually sued.

Justice Christopher Grauer found Telus had cause.

“The only basis Rogers ever had for making that representation was the comparison between its HSPA network and its competitors’ first-generation EVDO networks,” Grauer wrote in his decision. “Rogers’ representation nevertheless continues to be made. In these circumstances, I conclude that is misleading.”

“What is clear from the evidence before me is that the present network technology is at least equivalent between Rogers and Telus,” the judge wrote.

“The technological advantage that allowed Rogers to represent that it has Canada’s most reliable network has disappeared.”

“I conclude … that the balance of convenience favors the granting of an order restraining Rogers from continuing to represent, without appropriate qualification, that it provides ‘Canada’s most reliable network’.”

The case has some slight similarities to the Verizon-AT&T spat, if you took AT&T’s position in the case.  Rogers, in this case, promoted its 3G network before the others had networks of their own, and used language that suggested that 3G access provided enhanced reliability.  Once the competition also upgraded, Rogers simply added new fine print in their advertising touting that 3G was better than the older network standards their competitors had relied on up until earlier this month.

Rogers claims they are “perplexed” by the decision because they still believe they have the most reliable network.

[flv]http://www.phillipdampier.com/video/Rogers Most Reliable Dropped Call Ad.flv[/flv]

Rogers, “Canada’s most reliable network” doesn’t drop calls in elevators, according to this ad. (30 seconds)

There is no “good guy” in this story, however.  Once Bell upgraded their network on November 4th, they promptly began running commercials claiming they have Canada’s best network themselves.

Telus has the cutest… ads that is.  Nobody does cute quite like Telus.  Since 2001, the company has relied mostly on critters to sell their goods.  Among them: pot-bellied pigs, bunnies, tree frogs, monkeys, lizards, ducks, fish, hedgehogs, parrots, meerkats, and perhaps to celebrate their western Canadian roots, lots and lots of goats.

Watch the petting zoo, and some other Canadian wireless ads below:

[flv width=”640″ height=”405″]http://www.phillipdampier.com/video/Telus Goats Ad.flv[/flv]

Telus’ Goats Ad (30 seconds)

[flv width=”640″ height=”405″]http://www.phillipdampier.com/video/Telus Bunnies and Hedgehog Ad.flv[/flv]

Telus’ “No Surprises” ad uses bunnies, a hedgehog, and others to promote no hidden fees or surprises.  (30 seconds)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bell Palm Pre Ad.flv[/flv]

Bell’s Palm Pre Ad (30 seconds)

[flv width=”320″ height=”260″]http://www.phillipdampier.com/video/Rogers Facebook Ad.flv[/flv]

Rogers Facebook Ad (30 seconds)

[flv width=”320″ height=”260″]http://www.phillipdampier.com/video/Telus Carrot Accident Ad.flv[/flv]

Telus’ “Carrot Accident” Ad (15 seconds)

[flv width=”320″ height=”260″]http://www.phillipdampier.com/video/Telus Families French Ad.flv[/flv]

Telus’ “Families” French Ad (30 seconds)

[flv width=”640″ height=”405″]http://www.phillipdampier.com/video/Bell Chicoutimi Ad.flv[/flv]

Bell “Chicoutimi” Ad (15 seconds)