PLUCKY LITTLE UK operator, 3 UK, has taken on the might of O2/Telefonica (affectionately known as Oh Dos) and won a battle over bubbles in the European Court of Justice.

O2 had been complaining that a TV advert run by 3 which deliberately used O2's trademarked bubbles was illegal.

The court has just ruled, however, that "advertisers are allowed to use rivals’ trademarks to allow fair comparisons, provided the use does not cause confusion on the part of the public."

The advert pointed out that calls over 3’s prepaid tariff were substantially cheaper than those offered by O2. Unfortunately, O2 had shot itself in the foot by conceding that the price comparison was fair and not misleading.

"This has always been about the right to make fair comparisons between our deals and those of others," commented Marc Allera, 3's sales and marketing director.

The decision could well open the floodgates to further advertising battles between 3 and rival operators. 3 is known to be well upset by Vodafone's claims for data throughput speeds of around 7.2 Mbit/s via HSDPA.

3 UK's CEO, Kevin Russell, was recently heard to mutter about such facilities only being available "in some postcodes" – a reference to Vodafone's 7.2 service only being available a few 'select' locations.

That ad on Youtube. µ

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