AT&T has asked a New York federal court to dismiss a false advertising lawsuit filed by Sprint on Feb. 7, 2019 that alleges AT&T is deceptively marketing its upgraded 4G service as “5G Evolution,” arguing that Sprint can’t prove that their 5G Evolution ads make an express claim and “by attaching ‘Evolution’ to the term ‘5G’ the ads invoke the commonly understood meaning of ‘a process of change in a certain direction’.”
AT&T points out that on its website, “5G Evolution” and “5G” are treated as distinct concepts, each with their own meaning. On a webpage, AT&T describes 5G Evolution as the “first step on the road to 5G,” and “improvements” that are “already enabling faster speeds on [AT&T’s] existing LTE network.”
