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AT&T is suing to try to take down Verizon's attack commercials, including the new, holiday-themed "Island of Misfit Toys" spot.  (Source: Verizon Wireless)
AT&T's complaint against Verizon now includes new ads, seeks immediate restraining order

When Verizon aired its "There's a Map for That" series of commercials poking fun at AT&T's 3G coverage, featuring lines like "if you want to know why some people have spotty 3G coverage, there's a map for that too", it seemed only a matter of time before AT&T would sue to try to take them down.  Sure enough, just under a week ago AT&T filed suit against Verizon in New York Federal Court, claiming the ads misrepresented its coverage.

Verizon defended its ads, pointing to studies showing AT&T's 3G coverage to being lacking -- such as Apple's admission that 30 percent dropped call rates in New York (on AT&T) were normal.  However, it quietly made some changes and began airing a new set of Christmas-themed commercials that didn't include the play on Apple's "There's an app for that" slogan.  It also added a small disclaimer, stating "voice & data services available outside 3G coverage areas."

However, that apparently wasn't good enough for AT&T which has reportedly returned to court, looking to expand its suit to a request for a complete restraining order both on the older commercials and the new ones.  According to AT&T its internal survey showed 53 percent of viewers believed the advertisements' gaps in AT&T's map to be complete gaps in coverage not just gaps in 3G coverage.

In the new complaint (PDF) AT&T accuses, "Verizon is running a series of advertisements which falsely communicate that AT&T does not have wireless data coverage throughout much of the United States. […] Contrary to the image presented in the Verizon ads, our wireless network is pervasive. It covers over 300 million people, or 97 percent of the U.S. population. Our fastest, or 3G, network covers approximately 233 million people, or 75 percent of the U.S. population."

AT&T does admit its competitor has a larger network which "covers approximately 284 million people, or 91% of the population", but it says the commercial is dishonest, because "Verizon knows that its use of AT&T coverage maps is misleading because according to the coverage map legend on Verizon's, T-Mobile's, and Sprint's websites, the geographic spaces colored 'white' or left 'blank' on their maps represents areas in which there is no wireless coverage whatsoever."

The complaint itself dives into details of Verizon's cartoony "Island of Misfit Toys" ad, leading for some of the most amusing language you've read in a formal legal document.  Writes AT&T's lawyers in one passage, "The spotted elephant, in a surprised manner, asks the iPhone "What are you doing here? You can download apps and browse the web!" and a Dolly for Sue asserts that "Yeah. People will love you [the iPhone]."

AT&T is seeking "injunctive relief and damages" and begs the Federal Court to "immediately temporarily restrain, and preliminarily and permanently enjoin Verizon from running" its various ads and "from falsely advertising that AT&T customers cannot communicate or use their wireless devices when they are not in a '3G' coverage area."

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RE: Arnold Schwarzenegger says
By bbomb on 11/13/2009 11:21:15 AM , Rating: 1
AT&T's issues is that Verizon calls ALL of its speeds 3g whereas for AT&T's data they don't. AT&T's EDGE network is actually considered 3G by the ITU. Verizon won't include EDGE coverage as 3G in the maps however it will consider EVDO as 3G for its own map. Thats misleading and false advertising.

RE: Arnold Schwarzenegger says
By tayb on 11/13/2009 11:37:06 AM , Rating: 3
No, actually, ITU does not consider Edge to be a 3G network.

Edge and EVDO are both considered part of the "3g standard" but only EVDO can actually be considered 3g. Edge is 2.75.

It's not false advertising.

RE: Arnold Schwarzenegger says
By mentorman on 11/13/2009 12:53:35 PM , Rating: 1
It is false advertising. The article you posted says:

IMT-2000 “Evolutionary” 3G standards
There are essentially two widely deployed “evolutionary” IMT-2000 standards:
- for evolution from the 2G CDMA standard IS-95 (cdmaOne) –IMT-MC (cdma2000)
- for evolution from 2G TDMA standards (GSM/IS-136) – IMT-SC (EDGE)
Note that IS-136 can also evolve to IMT-MC since it has the same core network (IS-41).

So edge (despite the wishes of the CDMA crowd) is 3G and Verizon is completely wrong and it knows it.

It is hoping that the minor stir because some large metropolitan areas have problems with the large numbers of iPhones out there will translate into extra sales. As has been already reported, the droid did 1/10 of the sales of the iPhone on its first weekend and is probably not going out to be the iPhone killer that was expected (don't get me wrong it is a great phone).

Disclaimer: I do not have either an iPhone or a Droid but I am on AT&T with HDSPA everywhere I go.

RE: Arnold Schwarzenegger says
By tayb on 11/13/2009 2:29:43 PM , Rating: 2
Uh, major reading fail.

" Many industry organizations only consider part of the IMT-2000 family of 3G standards as actual 3G technologies, in particular IMT-SC (EDGE) is excluded from most 3G mobile statistics. This is particularly unfortunate because IMT-SC is the “evolutionary” option for the vast installed GSM (2G) base and therefore will almost certainly become the dominant 3G component in the near future. IMT-SC is typically excluded because many within the industry view CDMA as the only 3G wireless technology."

So, again, it's not false advertising.

"We’re Apple. We don’t wear suits. We don’t even own suits." -- Apple CEO Steve Jobs

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