Case 1:17-cv-01349-VM Document 30 Filed 03/22/17 Page 1 of 5

Justin A. Nelson (pro hac vice)

Chanler A. Langham (4355749)
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
Telephone: (713) 653-7895
Facsimile : (713) 654-6666
Email: jnelson@susmangodfrey.com

Drew D. Hansen (pro hac vice)

SUSMAN GODFREY L.L.P.
1201 Third Avenue, Suite 3800
Seattle, Washington 98101
Telephone: (206) 373-7384
Facsimile: (206) 516-3883
Email: dhansen@susmangodfrey.com

Lucas Issacharoff ( 5 3 824 94)

SUSMAN GODFREY L.L.P.
1301 A venue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (212) 729-2018
Facsimile: (212) 336-8340
Email: lissacharoff@susmangodfrey.com

Counsel for Amazon Web Services, Inc.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

CAFEX COMMUNICATIONS, INC., Case No. 1:17-cv-01349-VM

Plaintiff, DECLARATION OF JENNIE TIETEMA

IN OPPOSITION TO ORDER TO SHOW
V. CAUSE FOR A PRELIMINARY
INJUNCTION
AMAZON WEB SERVICES, INC.,

Defendant.

I, Jennie Tietema, hereby declare the following in accordance with the provisions of 28

U.S .C. 1746:

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1. I have been an employee of Amazon Web Services ("AWS ") since approximately

September 2015, when AWS acquired a small company called Biba Systems, Inc. Biba had been

developing a web-conferencing and chat collaboration tool. A WS also had been working on a

collaboration product in 2015, and acquired Biba in order to move forward. I was in an

operations/marketing role at B iba at the time of the acquisition, and then joined AWS as a program

manager on what became the Amazon Chime team.

2. I gradually transitioned to the role of product manager, which became formal in

late 2016, as part of an internal reorganization. I have been in the role of product manager for the

Amazon Chime team since then.

The "Amazon Chime" Naming Process

3. I was involved in the process to name the product that became "Amazon Chime"

from the beginning. At the time of the acquisition, the eventual product name was not yet decided.

We began the naming process very informally with a sticky-note brainstorming session in October

2015, but for the next several months the names "Biba" and "Amazon WorkTalk" were the two

frontrunners for the eventual formal name of the product.

4. The informal naming discussions continued through early 2016, with the team

undecided whether to use "Biba" or "Amazon WorkTalk," or whether to launch into a more

extensive naming process.

5. By May 2016, we had decided to launch a naming process in earnest. A colleague

and I put together the hundreds of suggestions that had been generated into a document on June 9,

2016. Amazon Chime was not on that initial list.

6. Shortly after posting this document on the WorkTalk team WorkDocs page on the

morning of June 10, 2016, a team member who had not been involved in naming discussions sent

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a message to the team chatroom that his wife had suggested "Amazon Chime." Several other team

members quickly indicated that they liked this name.

7. Amazon Chime quickly became a favored option.

8. Once we identified Amazon Chime as a favored name, our Trademarks department

ran a trademark search for marks containing "Chime."

The Amazon Chime Team's Ignorance of CafeX

9. The first time I recall ever hearing of CafoX was when the litigation was filed and

I was asked if I had heard of it. I do not recall having ever heard of CafeX or its products before.

10. CafeX was never mentioned in any naming meeting. The selection of "Amazon

Chime" as the frontrunner for the name had nothing to do with CafeX.

11. I am informed that CafeX has suggested that an AWS employee named Pasquale

DeMaio learned of CafeX's products at a conference in 2016. However, Pasquale DeMaio is not

now, and never has been, part of the Amazon Chime team. In addition, Pasquale DeMaio was

never in any way involved in the naming process for Amazon Chime.

12. No one from the Biba or WorkTalk/Amazon Chime team attended the 2016

Enterprise Connect convention.

Amazon Chime's Functionality

13. After acquiring Biba, the Amazon Chime team made improvements to various

aspects of the product, including reliability, security, scalability, and audio/visual quality. It

maintained several of Biba's distinguishing features, includi~g the ability to automatically call

users to start meetings.

14. Amazon Chime is available in a Windows and OSX client from https://chime.aws,

as well as through Android and iOS clients through their respective app stores. One can dial in as

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well from a phone or a conference-room video system, but only the four clients offer the full

functionality (including chat, document sharing, and other features) .

15. If one accesses the browser version of Amazon Chime through https://chime.aws,

the sole functionality offered is viewing a shared screen.

16. Amazon Chime is available for download at the Amazon Chime page

(https://chime.aws/) or through the Android or iOS Stores. However, to purchase the Amazon

Chime product (including screen sharing, using a corporate directory, video meetings of up to 100

people, and more) customers must sign in with their A WS account through the AWS console,

which is the Amazon web interface used to manage Amazon Web Services resources.

17. In the coming months, Amazon Chime will be available in two additional ways. A

third-party entity will include Amazon Chime as part of its bundle of business services, and another

entity will sell access to customers and offer first-level support. In both cases the underlying

Amazon product will still be Amazon-branded.

Moving Forward with Amazon Chime

18. At Enterprise Connect 2017, AWS will have two booths. The booth closest to

CafeX's booth is for AWS products other than Amazon Chime, and Amazon Chime will have no

presence at that booth. The second booth is distant from CafeX' s booth. In addition, I understand

that the AWS keynote address at Enterprise Connect 2017 is focused on a different AWS product

(not Amazon Chime).

19. Ifwe had to rebrand Amazon Chime under a different name, at least the following

steps would be required:

a. Rewriting websites, documentation, training materials, and advertising;

b. Reshooting promotional videos; .

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c. Reprogramming the display within the product

d. Changing the domain name assumptions within the programming, including the

security certificates associated with given domain names; and

e. Maintaining URLs on both the current domain name - chime.aws - and the new

domain, in order to ensure that meeting addresses that customers have already set

up do not malfunction.

20. These steps would take dozens of employees' full-time efforts for at least eight

weeks, and cost at least an additional four hundred thousand dollars.

I declare under penalty of perjury, pursuant to 28 U.S .C. 1746, that the foregoing is true

and correct.

Executed on 3{ I q I r=t .