By Nate Raymond
NEW YORK (Reuters) – Cablevision Systems Corp sued Verizon Communications Inc on Tuesday, seeking a judge's finding that its television commercial claiming Verizon's FiOS service does not solely use fibre optic cable is actually truthful.
The lawsuit comes after Verizon launched a proceeding on April 27 before the Better Business Bureaus' National Advertising Division challenging the commercial, which claims Verizon's "100% fibre optics" service actually uses regular cable in the home.
A spokesman for Verizon had no immediate comment.
In its lawsuit, filed in federal court in Manhattan, Cablevision said Verizon sought to create a "public misconception" that would distinguish its FiOS cable TV & Internet service from Cablevision's Optimum Online.
While Verizon advertises FiOS as relying only on fibre optic cable, the company almost always uses regular cable to deliver the service inside homes & to connect to cable modems & television set-top boxes, the complaint said.
Cablevision said that was why it ran a commercial in which a voice-over reads: "Verizon claims they're all fibre optic. True or false? The answer is false."
The commercial added: "Verizon still actually uses regular cable in the home."
In the National Advertising Division proceeding, Verizon is seeking an order directing Cablevision to cease making its advertising claim, the lawsuit said. Cablevision said, however, it will not voluntarily submit to that body's review.
The case is Cablevision Systems Corp v. Verizon Communications Inc, U.S. District Court, Southern District of New York, No. 15-03859.
(Reporting by Nate Raymond in New York. Editing by Christian Plumb & Andre Grenon)