J.T. Colby & Company, Inc. et al v. Apple, Inc.

Filing 111

DECLARATION of Siegrun D. Kane in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit)(Cendali, Dale)

Dale Cendali
Claudia Ray
Bonnie L. Jarrett
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, New York 10022

Perry J. Viscounty
LATHAM & WATKINS LLP
140 Scott Drive
Menlo Park, CA 94025
Jennifer L. Barry
LATHAM & WATKINS LLP
600 West Broadway, Suite 1800
San Diego, CA 92101-3375

Attorneys for Defendant
APPLE INC.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
J.T. COLBY & COMPANY, INC. d/b/a BRICK
TOWER PRESS, J. BOYLSTON & COMPANY,
PUBLISHERS LLC and IPICTUREBOOKS LLC,
Plaintiffs,
- against -

Case No. 11-CIV-4060 (DLC)
ECF Case

APPLE INC.,
Defendant.

DECLARATION OF SIEGRUN D. KANE IN SUPPORT OF
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

I, Siegrun D. Kane, declare as follows:
1.

I have been involved in the practice of intellectual property law with a primary

concentration on trademark and unfair competition law for over 40 years. I received a B.A.
degree cum laude from Mount Holyoke College in 1960 and a J.D. from Harvard Law School in
1963. I am the author of "Kane on Trademark Law: A Practitioners Guide" and I have authored
numerous articles and made numerous presentations regarding trademark law to various
organizations. Since 1988, I have been a member of the Advisory Board of the Bureau of
National Affairs (BNA) Patent, Trademark & Copyright Journal. I also served as a member of
the PTO Trademark Public Advisory Committee from 1989-1993, and again from 2002-2004.
2.

I was retained by Kirkland & Ellis LLP to offer an opinion regarding Plaintiffs’

fraud on the PTO allegations. In my opinion, (1) Apple did not make any false statements of fact
or omit any material facts in the Section 7 Submission and the Section 8 and 9 Submission to the
PTO (collectively, the “Submissions”); (2) Plaintiffs have not alleged any facts to the contrary;
(3) the Submissions complied with the applicable statutes and regulations; and (4) the PTO
reached an independent decision as to whether to accept Apple’s Submissions. My complete
opinion is detailed in my Expert Report, which is attached as Exhibit 1.
3.

I declare under penalty of perjury under the laws of the United States that the

contents of my expert report as well as this declaration are either true to my knowledge or based
upon information and belief.

Executed this 21st day of December, 2012 in Fort Lauderdale, Florida.

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