Melbourne - Apple will email all Australian buyers of its
new iPad to offer them a refund, a lawyer for the company said on Wednesday,
after the nation’s consumer watchdog accused it of misleading advertising over
one key aspect of the product.
The Australian Competition and Consumer Commission has taken
legal action to ensure Apple makes consumers aware its third-generation iPad
cannot connect to a 4G mobile data network in Australia due to technical incompatibility.
Apple promoted its third-generation tablet as the iPad with
Wifi+4G, but Australia has only one 4G network, operated by Telstra Corp, which
operates on a different frequency to the 4G on Apple’s new iPad.
The consumer watchdog argues that Apple’s advertising was
misleading and wants the court to force the company to correct its ads, refund
any affected buyers and impose penalties.
Apple barrister Paul Anastassiou told the Federal Court in
Melbourne that the company would send emails to all Australian buyers to date,
offering the refund. The new iPad was launched in stores only this month.
While the iPad is the clear market leader and the new
version with its faster chips, fourth-generation wireless and a sharper display
is only expected to cement Apple’s lead, the company has hit some bumps in the
It is waging a battle with a Chinese technology company,
Proview, that claims to own the iPad trademark in China, in a long-running
dispute that has threatened to disrupt iPad sales in one of its fastest-growing
In Australia, a small but a key launch market for Apple
products, it lost a bid to ban the sales of Samsung Electronics Galaxy tablet
late last year.
That battle is part of bruising global patent war between
the two firms that spans about 30 legal cases in 10 countries.