AT&T Expands Complaint Against Verizon Ads in Federal Court
November 13, 2009 8:20 AM
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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
just gaps in 3G coverage.
(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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No issue from AT&T with me
11/13/2009 11:45:23 AM
Im not sure whats up with all this fanboy crap.
Over the past 10 years, I've been with all 4 major carries. Of all of them, AT&T ( which I switched from Verizon in 2008) has been the best for me (I'm in Texas). No dropped calls, 3G covereage everywhere I travel(All of Texas, Louisiana and California including San Francisco. Super fast internet speeds. Not sure why all the fanboys can't just give up all this "my crap is better then your crap". Its like Republicans/Democrats and PS3/XBox fanboys. Grow up people. Just use what makes you happy and shut up already.
RE: No issue from AT&T with me
11/13/2009 12:07:46 PM
It's not necessarily Fan-boy crap. I have a first week Xbox360 that still has not had a single problem. I am not going to turn around and call everyone going off about 360 reliability issues as fan-boys.
AT&T a lackluster 3g network. Even admitted by them. Worse that the numbers themselves are misleading because the real estate that their 3g coverage hits is very very low compared to Verizon. Worse their 2g network has been buggy since they rolled it out. Having good luck with the network yourself doesn't remove the many legitimate issues other people are having.
RE: No issue from AT&T with me
11/13/2009 6:16:38 PM
You do not have 3G coverage everywhere you travel in Texas.
I drop from 3G to Edge travelling from Austin to Dallas, San Antonio and Houston. 290, I-35 and I-10 do NOT have 3G across their whole length. At least not in my real-world experience.
The internet speeds are also incredibly variable and I have pandora start seizing up on me on many road-trips within the major cities in Texas.
I am not sure if you just happen to travel within the cities, but you travel a few miles out of most of the main cities in Texas and you drop to Edge.
As far as phone calls and quality, it has been dropping like a rock. I drop almost 3 times as many calls now than I did when I first got my phone. I am not sure if it is related to the new 3.0.x updates or AT&T though.
And yes, I still have a lot of love my 3G phone. I am just not blinded by the glow of it's supposed halo :)
"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain
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