Defiant Shaw turns table on Novus

The Vancouver turf battle between Novus Entertainment and Shaw Communications is getting nastier.

Shaw has fired back at the small B.C. phone, TV and Internet provider with a defamation and infringement of trademark lawsuit in the B.C. Supreme Court. The Alberta giant is retaliating after Novus launched a ‘predatory pricing’ complaint against Shaw, accusing the company of targeting its customers with below-cost deals in order to eliminate it from the multi-dwelling unit market in metro Vancouver.

‘They are spreading misinformation and misleading our customers and we are legitimately concerned,’ says Shaw president Peter Bissonnette, who denies that his company’s promotional deal is targeting Novus customers, but rather is aimed at all multi-dwelling units in Vancouver and is similar to promotions offered by the various competing providers in B.C.

The defamation and trademark lawsuit is centered on Novus’ public campaign against Shaw, which includes the website www.10buckstoo.com, plus Twitter and Facebook pages, where Novus outlines its concerns with Shaw’s promotional deal – $9.95 a month each for phone, Internet and TV – and encourages Vancouver Shaw customers who are paying full price for these services to call the company and demand the same deal. The site also suggests Vancouverites write in about their experiences dealing with Shaw when asking for the promotion.

Shaw claims that Novus’ campaign is calculated to damage its business, reputation and the goodwill of its customers.

‘It is never good to have your name besmirched – there is lasting impact,’ says Bissonnette. ‘They [Novus] have stated that they will be the bane of our existence, that is their objective, and they are being a pain in the ass, frankly.’

Donna Robertson, co-president and chief legal officer at Novus, says Shaw’s lawsuit is ‘entirely without merit.’

‘It is really difficult when a company undertakes a targeted campaign to eliminate you as a competitor and offers below-cost pricing to get them to stop,’ she adds. ‘That is why we used the ploy of giving information to the public. It was the only thing we could do in our defense.’

The Competition Bureau is still reviewing the file and has not indicated when it will respond to Novus’ complaint. As well, Robertson says they have not been advised of a B.C. court date.