British Airways yesterday lost an English High Court action against its cut-price rival, Ryanair, over a controversial Ryanair advertisement headlined "Expensive BA . . . . DS!".
The "vulgar" name-calling upset the public, the court heard, and led BA to accuse its rival of "malicious falsehood" and trademark infringement. However, the judge branded BA's action "immature".
Mr Justice Jacob, sitting in London, said the advertisement appeared in several national newspapers in February and March 1999 before the Advertising Standards Authority (ASA) upheld public complaints on the grounds that it was "likely to cause serious or widespread offence".
However, the judge said it seemed "particularly odd commercially" that BA should persist in its claim that the price comparisons complained of in the ad were misleading. "The complaint amounts to this: that Ryanair exaggerate in suggesting BA is five times more expensive because BA is only three times more expensive."
The judge said that while the advertisement "might amount to vulgar abuse", it did not constitute malicious falsehood.
Referring to the comparisons between fares to Frankfurt, he said there had been "honest comparative advertising" and added: "I suspect the real reason BA do not like it is precisely because it is true."