O2 has lost a four-year case against the rival mobile operator 3, which used its trademark bubbles imagery in an advertisement comparing the costs of calls.

The European Court of Justice ruled that Hutchison 3G, parent of 3, did not confuse or mislead consumers with its 2004 advertisement comparing its pre-paid tariffs to those of O2, owned by Telefonica. The British High Court had already dismissed the copyright infringement claim against 3, but referred O2’s appeal to the European court.