U.S. carriers sues Canadian operator over use of calling promotion
By Kelly Hill Story posted: December 14, 2007 - 1:58 pm EDT
T-Mobile USA Inc. is suing Canadian operator Telus Mobility over the northern neighbor's use of a familiar promotion: my Faves.
T-Mobile USA introduced its "myFaves" plans in late 2006, offering customers the ability to make unlimited calls to five self-selected phone numbers regardless of wireless or wireline provider.
Telus Mobility is currently offering a "My Faves" promotion that includes four calling plans that include unlimited calling and text messaging to five wireless or wireline numbers. The promotional plans are available for new activations before Dec. 31, according to Telus Mobility's Web site.
According to a copy of the complaint filed by T-Mobile USA in the Federal Court of Canada earlier this fall, T-Mobile USA said that it filed for trademarks for myFaves in February in the U.S. and May in Canada, while Telus Mobility apparently lodged its claim in Canada in April. T-Mobile USA claims that Telus Mobility will not be able to acquire registered rights to the My Faves-related branding.
T-Mobile USA spokesman Peter Dobrow said that the company is vigorous in protecting and defending its brand and marks, and will take rightful action against any infringement of its intellectual property.
A Telus Mobility spokesman could not immediately be reached for comment on the case.