AT&T's effort to muzzle hostile ads from Verizon Wireless have failed, at least for now.
U.S. District Court Judge Timothy Batten Sr. denied AT&T's request to have the ads pulled or altered, the Atlanta Journal-Constitution reports. He did give AT&T the opportunity to make a stronger case during a follow-up hearing in December.
The ads in question use the phrase "there's a map for that" -- a clear shot at Apple's "there's an app for that" iPhone tagline -- and show how Verizon's 3G coverage is far more widespread in the United States compared to that of AT&T. A follow-up ad declared the iPhone, which AT&T carries exclusively in the United States, a "misfit toy" because of the carrier's paltry 3G coverage.
Earlier this month, AT&T sued Verizon and tried to silence the ads, arguing that they mislead customers. AT&T maintains that its coverage is faster, and that people out of 3G range can still use the slower 2.5G network for calls, data and text messaging.
Common sense prevailed in court. As Verizon pointed out, the ads don't lie. The maps clearly say that they're comparing 3G coverage, not overall coverage or connection speed. Batten said the ads can't be called misleading just because people misinterpret the message.
“Most people who are watching TV are semi-catatonic,” he said, drawing a laugh. “They’re not fully alive.”
AT&T is now trying to strike back. In a new ad, actor Luke Wilson trots out some familiar lines: AT&T has the fastest 3G network, you can talk and surf the Web at the same time, AT&T has the most popular smartphones and access to 100,000 apps (thanks mostly to the iPhone, of course). Wilson concedes one point, that the competition's name starts with a "V." Ouch!
The problem is that by locking horns with Verizon, AT&T is only drawing more attention to the problems with its network. It's a leap of faith, but maybe the company should be advertising the coverage improvements that are underway ($18 billion is being invested) and pushing the iPhone as a smart investment. A negative campaign is only going to make customers more wary than they already are.
