LG's 3D TV advertisements don't claim that they're superior to Samsung's 3D TV range, but the TVs actually are superior, lawyers acting for LG told the Federal Court in Sydney this morning.
The stoush between the two electronics giants started on 12 May, when Samsung began its court action against LG over advertisements for its Cinema 3D TV models that went to air at the beginning of May. Samsung had alleged that the ads were misleading, because LG claimed that its TVs were brighter than Samsung's range.
A limited six-day injunction on the advertisements was made, but despite pleading that this was a busy sales period for Samsung and LG, with sporting events such as the State of Origin and the Super 15 rugby driving sales, Samsung was unsuccessful in attempts to have these injunctions extended.
Samsung today pushed for a final hearing of the case to be brought forward; however, LG has asked for time to perform discovery and gather a number of affidavits to support its case.
Counsel acting for LG told the court that it wasn't a matter of comparing Samsung's and LG's 3D TV ads, as the focus was on LG's ads alone. LG argued that its ads didn't say that its TVs are brighter than Samsung's; however, in case the advertisements did imply such a claim, the company is preparing to offer expert evidence that will prove that the technology used in LG's 3D TVs is brighter than its rivals'.
Justice Victor Nicholas told the court that the crux of the case was whether the claims made in the advertisements would bring consumers to buy that product or whether the customers would be corrected by the sales staff in the store of purchase.
Samsung has also sought to amend its original statement of claim to account for new advertisements that have aired since the case began. LG attempted to seek costs from Samsung for this amendment, but Nicholas ruled this out today.
A further directions hearing following discovery and the filing of affidavits will be heard on 21 June, a provisional final hearing has been set for three days from 19 September.