[trixter]

Originally Posted by zenman

So now can Broadcom sue. Are there damages? Hmm let's see. "Broadvoice" is a crappy VOIP service that shut down for a week. I would never use it again. And now I am thinking about buying a VOIP chipset solution. I have a product from Cypress Semi or another product called Broadvoice from Broadcom.

That would give them extra damages Who would want to use a device branded 'broadvoice' after this? :P

Originally Posted by zenman

Maybe Global Crossing is the "mark" in the shell game.

I dont know that there is a mark per se. SBC, Verizon, AT&T, etc all have multiple companies to do different aspects, sometimes because of tax issues, sometimes liability, sometimes legislative issues, whatever. I cant find fault with a company for dividing up different aspects solely on that basis.

With that said there appears to be a dispute over access charges with GBLX . With the use of multiple phone companies there appears to be issues that can be attributed to access charges. The whole setup seems odd indeed, and given that there is a CLEC (GNAPs) that owns the whole thing ... I dont know.

Originally Posted by zenman

If Broadvoice licensed the name from Broadcom, that is a different story. But at the bottom of the web page on the Broadvoice site it should say. "Broadvoice(tm) is a licensed registered trademark of Broadcom Corporation". But why would Broadcom want their name associated with Broadvoice VOIP provider when they already have chips using the Broadvoice name.

That does seem odd, what is more odd is the direct parent of broadvoice appears to compete directly with broadcom (at least on the surface, and I dont care to dig down past that). Which technically means that a broadcom competitor is potentially liable for a lawsuit (convergent) since 'broadvoice' is their asset. This could get quite ugly, I almost feel like calling up broadcom in irvine (near los angeles) and asking them if they licensed the name (just to tip them off incase they dont know) [/quote]

[mberlant]

It really is pretty much as daryll says. You stake your claim and wait for others to challenge it. When Toyota introduced their Lexus brand in the US the Lexis/Nexis legal/medical database folks sued for trademark infringement - and lost. Now, they are introducing the brand in Japan and are under challenge by Subaru because the Lexus "L-in-the-oval" logo is an upside down replica of Subaru's parent company's logo. This means that both Subarus and Lexuses here in Japan will bear the same stampings on the center of their wheel covers. It's unclear how the Japanese courts will decide.

It is also pretty much like trixter says. Even though you only need to stake your claim to a trademark, when it comes time to defend that trademark you will have a better chance of prevailing if you have proof that you were the first to use the trademark in the context in which it is being challenged.

Lexis lost their challenge because the courts decided that nobody would confuse a database company with an automobile. Subaru might end up prevailing because they have been using that logo for more than 30 years. Only the courts have the authority to decide.

[trixter]

If anyone wanted to give a ring to broadvoice people to ask questions about this I have a incomplete list of higher ups phone numbers.

All are 978-418-xxxx

7310 david epstein
7320 nathan (cto?)
7322 cynthia (tech support manager)
7323 daniel gepp
7330 peter menlinger
7331 no answer
7339 no answer
7340 g cornfield
7341 no answer
7347 no answer
7348 joey fitz
7349 jeff nelson
7350 les berry (vp of customer service)
7380 angela epstein (davids wife)

They appear to use the comm pilot voice portal, which enables web alerts for voicemail and other features. They further appear to have a format for these numbers, 73XY where X is department (2 for tech) and Y is the extension. Just as their email formats are first initial last name@broadvoice.com (lberry@broadvoice.com depstein@broadvoice.com - but they just ignore these most likely and have others for 'real' email)

At least you cna now ask if you have questions about stuff (until they find out that their numbers are posted and reorder them to break this, but odds are they cant do it much because contacts they have already made need these numbers)

[trixter]

Forgot to comment that 978-418-4800 is a fax machine in the vicinity of les berry.

[ChkNpIMP]

Originally Posted by zenman

Is this our David Epstein? A San Francisco VC guy.

http://www.crosslinkcapital.com/bio_epstein.htm

I found this:

http://www.pulver.com/consumervoip/s...095092271.html

David Epstein, Co-Founder, President, BroadVoice

David Epstein is the co-founder and president of BroadVoice (www.broadvoice.com), a new kind of communications company that allows consumers and businesses to make and receive phone calls anywhere in the world using a high-speed Internet connection. BroadVoice offers lower rates and more innovative features than traditional phone companies, while providing crystal clear voice quality.

Mr. Epstein is a technology savvy entrepreneur with over 10 years of hands-on experience in the Internet service provider industry. Prior to co-founding BroadVoice, he was CEO of Connecticut Telephone, a facilities-based DSL service provider based in Hartford, Connecticut. From 1998 to 2000 he served as president of RCN