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To: carranza2 who wrote (18121)2/4/2002 3:58:02 PM
From: Ruffian  Respond to of 34857
 
New AT&T Campaign Brings New Lawsuit
BY HEIDI JETER
FEBRUARY 4, 2002


'Welcome to mLife' now also means 'Welcome to a Lawsuit.' For the past two
weeks, AT&T Wireless had been teasing audiences with unbranded television and
newspaper ads for mLife and finally kicked off its new advertising campaign with
a media blitz during the Super Bowl yesterday. But before the ads were officially
unveiled, insurance and financial services provider MetLife filed a lawsuit against
the carrier.

MetLife sued the carrier Friday in U.S. District Court for the Southern District of
New York, asserting that AT&T Wireless' mLife campaign is confusingly similar to
MetLife's established trademark and would cause irreparable harm to the
company. MetLife uses the theme 'Have you met life today?,' while AT&T's
television ads end with 'We are meant to lead a wireless life. Now we truly can.
Welcome to mLife.'

'We are taking this action on behalf of our customers and employees because we
believe strongly in protecting the value of our good name and widely recognized
brand,' said Lisa Weber, senior executive vice president for MetLife in a
statement Friday.

The company is seeking preliminary and permanent relief prohibiting AT&T from
continuing to use the mLife campaign.

In a statement released Friday, AT&T said: 'Last time we checked, everyone is
still free to use the thirteenth letter of the alphabet, 'm'. MetLife's claims are
utterly without merit.' The carrier states that because the two companies offer
completely different services, 'there isn't the remotest chance that AT&T Wireless'
use of 'mLife' could in any way confuse consumers or dilute MetLife's brand.'

'AT&T is completely right,' says Scott Blake Harris, a wireless attorney with Harris,
Wiltshire & Grannis LLP. 'Given that the trademarks are not identical and the
services offered are entirely different, one might wonder whether MetLife filed
more for the publicity value than to defend its trademark.'

Recently, AT&T Wireless has been hit with several highly publicized lawsuits. It is
dealing with a consumer lawsuit originally filed in 1999 and given class action
status a few weeks ago, in which two customers accuse AT&T Wireless of off-cycle
billing. Earlier this year, the carrier was named in a lawsuit accusing the top five
carriers of anti-competitive practices. The attorney who filed the complaint has
since dismissed it but may file a related suit in the coming weeks.

AT&T also said in early January that it would defend its affiliate TeleCorp PCS in
a lawsuit filed on behalf of TeleCorp's shareholders, which contends the affiliate
was sold to AT&T Wireless for less than it was worth as a result of $140 million
secretly paid to top TeleCorp executives.

The carrier did claim one recent legal victory when the Council of Better Business
Bureau's National Advertising Division determined that one of AT&T's direct-mail
advertising campaigns were truthful and accurate. A consumer had argued the
campaign was a 'bait-and-switch' tactic designed to mislead customers.

Lawsuit Names AT&T Wireless 1/28/02