CORRECTING and REPLACING LaBell Exchange Files $679 Million Lawsuit Against SBC Communications, Inc.

Business Editors

CORRECTION...by Levin Intellectual Property Group

SANTA ANA, Calif.--(BUSINESS WIRE)--Nov. 6, 2003

In BW5579 issued Nov. 6, 2003: First graph, first sentence of the release should read: LaBell Exchange filed suit today against SBC Communications, Inc. (NYSE:SBC) in Santa Ana Federal court for declaratory relief, trade name and service mark infringement, and unfair competition against SBC Communications, Inc. Plaintiff seeks more than $679 million in damages plus punitive damages.

The corrected release reads:

LABELL EXCHANGE FILES $679 MILLION LAWSUIT AGAINST SBC COMMUNICATIONS, INC.

LaBell Exchange filed suit today against SBC Communications, Inc. (NYSE:SBC) in Santa Ana Federal court for declaratory relief, trade name and service mark infringement, and unfair competition against SBC Communications, Inc. Plaintiff seeks more than $679 million in damages plus punitive damages. LaBell Exchange is a provider of telephone answering services in Orange County, CA. and will ask the Court for declaratory relief over the right to use its "LaBell" trade name and seeks to permanently enjoin SBC Communications, Inc. from unfairly competing with Plaintiff and from engaging in unfair and deceptive trade practices. The Hon. James V. Selna will preside over the case. Plaintiff is represented by William E. Levin with the Levin Intellectual Property Group in Laguna Beach, CA. LaBell Exchange vs. SBC Communications Inc., Case No. SACV 03-1578.

Based in Santa Ana, CA., LaBell Exchange was established in 1975 as a telephone answering service by Marinette Johnsen. A French woman, she named her business "La Bell Exchange," which means "the beautiful" in French. In 1985, Herb Rose purchased the business, including the LaBell trade name and marks, and, in 1989, added voice mail services before Defendant offered such services. Today, LaBell Exchange encompasses a call center, message center and customer service center. Under Herb Rose's direction, LaBell Exchange has become one of the largest, most reputable answering service providers in Orange County, CA.

In January 1996, well after Plaintiff had incurred substantial expense in advertising and promoting its "LaBell Exchange" trade name, telecommunications giant SBC Communications, Inc. wrote to Plaintiff, accusing it of violating their trademarked "Bell" name, stating that Plaintiff's name was confusingly similar to theirs, and that Plaintiff had no right to use "LaBell Exchange" as its trademark. LaBell Exchange responded in March 1996 with a letter which refuted Defendant's infringement accusations and stated the reasons why Plaintiff had the legal right to continue using the LaBell trade name and marks. SBC Communications, Inc. did not respond to this letter and took no legal action to prevent Plaintiff's further use of its mark. Since that time, and relying on SBC Communications, Inc.'s silence, Plaintiff continued to build its business and goodwill under its "LaBell Exchange" mark.

In May 2002, six years later, SBC Communications, Inc. tried to revive its abandoned claims, asserting that LaBell Exchange was violating its legal trademark rights. That same year, one of Defendant's attorneys telephoned Mr. Rose and said: "Mr. Rose, we need to put a fence around you." Defendant has also allegedly tried to sabotage Plaintiff's business at various times by, for example, turning off the phone lines it provided to LaBell from 1975 to the present, causing Plaintiff to lose customers. LaBell Exchange filed this lawsuit to resolve the legal and factual questions raised by SBC Communications, Inc. and seeks a declaratory judgment from the Court that Plaintiff has the right to use its "LaBell" and "LaBell Exchange" marks free from interference by SBC Communications, Inc.

"LaBell Exchange is not a menace to SBC Communications, Inc. in any way," said owner Herb Rose. "We have worked hard to grow the company into one of the largest answering service providers in Orange County. And, we've worked even harder to grow our reputation in the community as one that stands for the highest quality for the services that we do offer. We enjoy the public's trust and goodwill. After all these years, it would be devastating to our business and outright wrong for SBC Communications, Inc. to use its corporate clout to demand that we stop using our LaBell Exchange trade name. We've filed this lawsuit to stop SBC Communications, Inc.'s harassment and vindictive behavior once and for all."

"This lawsuit is about equity," said William E. Levin. "It's a true David vs. Goliath situation in which a major corporation is infringing on the business rights of a small company. LaBell Exchange has every right to enjoy the fruits of its established name and to put an end to the uncertainty that SBC Communications, Inc. has created by challenging its trade name rights."

Added Mr. Levin: "SBC Communications, Inc.'s conduct is unwarranted. If there is an infringement, the infringer is SBC Communications, Inc. and my client is entitled to all of their profits as a result. We look forward to helping Herb Rose and LaBell Exchange assert their legal rights and to have their day in court."

Editor's Note: Herb Rose dba LaBell Exchange has its principal office at 501 North French Street, Santa Ana, CA. 92701; Tel: [phone] (www.labell.net). The company is represented by William E. Levin with the Levin Intellectual Property Group in Laguna Beach, CA.; Tel: [phone] (www.levinipgroup.com).

Defendant, SBC Communications, Inc. is incorporated in Delaware and headquartered in San Antonio, TX.; Tel [phone] or 210-351-3990.