Localtel Ltd, the UK telco behind free internet service provider screaming.net, has won a High Court battle over the right to be called the UK’s first nationally available free-time online ISP. The court found that Manchester-based Telnet Ltd was in breach of the Trade Descriptions Act 1968 by claiming to be the first UK subscription-free ISP to offer regular toll-free dialup on a national basis. It made the claim about its GreatXscape ISP, which launched last month, offering toll-free net access at evenings and weekends – exactly the same deal Localtel offers.
Telnet now has until September 15 to correct the claim on its registration CDs, publicity and packaging. Two of the three retail chains that were distributing the CDs have already withdrawn them from their stores. Localtel’s managing director Jeremy Stokes welcomed the decision. We felt that both the public and the retail trade were being seriously misled by the claims being made, he said.
However, Localtel does not even appear to be the first nationally available free-time online ISP. X-Stream Technologies Inc began offering its subscribers free time online via a nationally available toll-free number at selected times in March, and continues to do so. Screaming.net did not launch until April. A Localtel spokesperson said as far as the company was aware it was the first. Nobody from X-Stream was available to comment on the issue before we went to press.
