.ffam NS .ps 12 .vs 14 .sp 12 .ta 4.5i .nf June 10, 1992 Press Contact: Donnalyn Frey (703) 764 9342 .sp 2 .fi USL has filed a complaint against BSDI in federal court in New Jersey alleging false advertising in violation of Section 43(a) of the Lanham Act and unfair competition in violation of state laws. The basis for the complaint is stated to be that BSDI's promotional materials are allegedly false and misleading in stating that no license from AT&T is required for the BSD/386 product or indeed for any product derived from the Networking Release 2 from the University of California. The parties are now engaged in the process of requesting information from one another and responding to the other's request. BSDI has also filed a motion to dismiss USL's claims of false advertising and unfair competition. This motion is based upon USL's failure to allege any basis for its allegation that the statements made by BSDI are false. USL has not included any claim, for example, for violation of any proprietary rights (such as patent rights, trade secrets, or copyrights) based upon distributing the BSD/386 product without a license from AT&T. BSDI contends that the reason USL has not done so is that it has no proprietary rights to violate with respect to the Networking Release 2 and products derived from it. BSDI argues that absent an infringement of USL's proprietary rights, the statements made by BSDI could not be false or misleading. Thus, USL's complaint is defective in that it has failed to give BSDI fair notice of its claims and the grounds upon which they rest. The complaint also requests a temporary restraining order and preliminary and permanent injunctions in connection with an allegation that BSDI has infringed USL's trademark rights in the word, UNIX. The demand for a temporary restraining order has been withdrawn as the result of a partial settlement of the trademark issues.