IMTV forced to shut down because of Internode legal dispute – Internode says it didn’t sue

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IMTV has said that it was forced to cease trading and has been sued by “another ISP” for the colour orange and the word “Extreme” – and the only ISP that uses orange and the word “Extreme” is Internode. It also said that a special arrangement has been set up with EFTel that would see all of its customers transferred to EFTel’s network.

Michael Jaffar, the chief executive for IMTV said – and he really did type it in capital letters – in a Whirlpool forum post:

DUE TO LEGAL ACTION TAKEN AGAINST IMTV, IMTV WAS FORCED THIS MORNING TO CEASE TRADING. A SPECIAL ARRANGEMENT WAS MADE TO KEEP CONNECTIONS ONLINE. ALL ACCOUNTS ARE NOW MANAGED BY EFTEL.

“We’ve had to provide some customers with wireless Internet access to keep them going until all the issues are resolved, and we’ve also refunded all our customers that paid us in advance,” he also added when speaking to iTnews Australia.

IMTV was a service that would deliver television channels via the internet, using IPTV (Internet Protocol Television); while also allowing you to have ADSL and VoIP bundled with the plans. The service is, however, very limited to exchanges like Parramatta and Haymarket in NSW; Ipswich and Surfers Paradise in QLD; and Caulfield and South Melbourne in Victoria.

While it does not list any of the channels that it will broadcast; it does have the rights to distribute channels from Bahrain-based Orbit TV and Japan’s World-on-Demand Network. Jaffar told iTnews that these deals remain unaffected by the lawsuit.

However, Internode’s Managing Director Simon Hackett has also written up a Whirlpool forum post, saying that Jaffar’s claims that they have been sued by them is false.

He says that he sent a cease-and-desist letter, which basically means that a person wants the site’s owner to take the site down because it infringes on his or hers copyright, but it does not mean the site’s owner has to comply (unless you live, or your company is based, in the United States of America).

“A cease-and desist letter is not legal action. No legal action has been taken, whatsoever. I would imagine (and expect) IMTV to get their own legal advice about our letter but curling up their toes is their own decision, and not one driven at all by Internode,” he writes.

“There is no, zero, zip, nada legal action being taken by Internode against IMTV (or anyone else) regarding our trademarks, and I therefore have to assume that IMTV was already on the verge of handing its customer base to EFTEL for some other reason when our letter arrived.”

Only question remains now is of that of IMTV’s survival. Has it used Internode as a scapegoat for its failed business, or is just complying with the cease and desist letter?