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AT&T Inc.'s displeasure with Cellco Partnership's "there's a map for that" ad campaign took the form of a trademark lawsuit against the largest U.S. mobile-phone carrier, which does business as Verizon Wireless.
In the suit filed Nov. 3 in federal court in Atlanta, AT&T accused Verizon Wireless of false advertising under federal trademark law. The maps shown in the Verizon Wireless ads, indicating blank spots in AT&T's high-speed 3G coverage, are "misleading customers into believing that when AT&T costumers are not in a '3G' coverage area, they are without wireless coverage altogether," AT&T said.
In the ads, a red map of the U.S. pops up, showing extensive Verizon 3G coverage. Then a blue map appears, showing AT&T's coverage as sparse, with many blank spots.
Although it may not offer 3G coverage in those blank spots, AT&T offers its customers service over its "2.5G" GSM/EDGE network, according to court papers. This service, less rapid than a 3G network, "provides consumers the full ability to browse the Internet, including social networking sites, stream audio/video, or send electronic emails and text messages," the company says in its pleadings.
The network covers 1.75 million square miles and is available to 296 million people, AT&T claims.
AT&T asked the court for an immediate order barring Verizon Wireless ads containing maps that compare the two companies' coverage and depict non-3G areas with blank space. The company also asked for a ban on Verizon Wireless statements that AT&T customers can't communicate or use their wireless devices in large areas of the country.
The company is also requesting attorney fees and money damages and asked that damages be tripled.
AT&T is represented by David Lewis Balser, Nathan L. Garroway and Tracy Klinger of Atlanta's McKenna Long & Aldridge LLP.
The case is AT&T Mobility LLC v. Cellco Partnership, 1:09- cv-03057-TCB, U.S. District Court, Northern District of Georgia (Atlanta).
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