Commander takes reseller Anderson IT to court after Optus switch

M2 Commander is suing one of its former resellers for allegedly breaching their dealer agreement after it was terminated earlier this year.

The telco took Sydney-based Anderson IT Systems, now an Optus reseller trading as Optus Business Centre North Sydney, to the Federal Court of Australia for allegedly asking Commander customers to switch to Optus and for improperly using the telco’s trademarks and proprietary customer list.

Anderson IT denied most of the claims, but acknowledged that some of the actions alleged were performed by an employee acting without the company’s approval.

“Upon termination of the dealer arrangement, [Anderson IT] ceased accessing the Commander customer list and Commander removed [Anderson IT]’s ability to access the customer list via the secure portal,” court documents read.

“[The employee] used the Commander trademark without the knowledge, authority or approval of Anderson IT.”

Anderson IT became a Commander reseller in December 2011, gaining access to the telco’s customer list throughout the whole term of their dealer agreement.

The two parted ways on 31 May and terminated their dealer agreement, with Anderson IT reaching an agreement to become an Optus reseller shortly after, trading as Optus Business Centre North Sydney.

Commander alleges that after the agreement was terminated, Anderson contacted six of the telco’s customers between June to September for the purpose of “soliciting, encouraging, inducing, approaching or suggesting to those customers to end their relationship with Commander”.

Anderson IT denied the claims, and said it was contacted by the Commander customers themselves.

Commander also alleged that Anderson IT mislead customers by saying the telco was acquired by Optus and that it would take over and provide support for certain customers’ phone systems. This was denied by Anderson IT. 

Commander is seeking damages, interest and costs as the court considers appropriate.

“We can’t comment on this instance specifically as it is currently in front of the courts. However, Commander takes its customer and partner relationships very seriously, as well as the confidentiality and proprietary nature of those relationships," a Vocus spokesperson told CRN.

"Commander will take all necessary and reasonable action required to maintain and protect the integrity of those interests and relationships, not only on its own behalf, but also on behalf of its partners and customers generally.”

CRN has reached out to Anderson IT Systems for comment.