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

Filing 126

DECLARATION of Partha P. Chattoraj in Opposition re: 104 MOTION for Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104 Part 1, # 105 Exhibit 104 Part 2, # 106 Exhibit 104 Part 3, # 107 Exhibit 104 Part 4, # 108 Exhibit 104 Part 5, # 109 Exhibit 104 Part 6, # 110 Exhibit 104 Part 7, # 111 Exhibit 105, # 112 Exhibit 106, # 113 Exhibit 107, # 114 Exhibit 108, # 115 Exhibit 109, # 116 Exhibit 110, # 117 Exhibit 111, # 118 Exhibit 112, # 119 Exhibit 113, # 120 Exhibit 114, # 121 Exhibit 115, # 122 Exhibit 116, # 123 Exhibit 117, # 124 Exhibit 118, # 125 Exhibit 119)(Chattoraj, Partha)

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EXHIBIT 18 CONFIDENTIAL Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------x J.T. COLBY & COMPANY, INC. d/b/a BRICK TOWER PRESS, J. BOYLSTON & COMPANY, PUBLISHERS LLC and IPICTUREBOOKS, LLC, Plaintiff, vs. No. 11-cv-4060 APPLE, INC. , Defendant. -----------------------------x CONFIDENTIAL VIDEOTAPED DEPOSITION OF 30(b) (6) JOHN T. COLBY, JR. New York, New York Wednesday, July 18, 2012 10:20 a.m. Reported by: Jennifer Ocampo-Guzman, CRR, CLR Ref: 7845 TransPerfect Legal Solutions 212-400-8845 Depo@TransPerfect.com CONFIDENTIAL Page 261 Confidential-Colby 1 2 3 Q. When were these radio advertisements placed? 4 A. These were the fall of '07. 5 Q. Where were these radio 6 advertisements placed? A. 7 "Code Black" was in Minnesota, 8 Portofino Deception in Connecticut and Chris' 9 was either somewhere in Maryland or D.C. 10 Q. And in terms of the Preiss era, 11 what radio advertisements were there, if any, 12 that featured the iBooks mark? 13 A. I don't know. 14 Q. In terms of we've talked about 15 print advertisements, we've talked about 16 radio advertisements, are you aware of any 17 television advertisements at any time that 18 used the iBooks mark? 19 A. I'm not aware of any. 20 Q. Other than print, radio and 21 television, are you aware of any other type 22 of advertisement that featured the iBooks 23 mark? MR. CHATTORAJ: 24 25 A. Objection. We have an eBook ad which you also TransPerfect Legal Solutions 212-400-8845 Depo®TransPerfect.com CONFIDENTIAL Page 262 1 2 Confidential-Colby have a copy of on the hard drive. 3 Q. What do you mean by an "eBook ad"? 4 A. An ad advertising eBooks. 5 Q. And where did it appear? 6 A. Through one of our distribution 7 8 9 channels customer database. Q. Did it appear on the internet or -- I don't understand when you say it appeared 10 on one of your distributor's customer 11 database? 12 A. One of our distributors sells 13 eBooks to a variety of different places. 14 people interested in that genre fiction 15 received a teaser ad advertising that genre 16 of fiction. 17 Q. I see. 18 A. It could have been '08, somewhere 19 20 21 22 23 24 25 And And when was this? like that. Q. And was this relating to a genre or a particular book? A. It was a genre, a science fiction genre. Q. Do you know where this ad was distributed to? TransPerfect Legal Solutions 212-400-8845 Depo®TransPerfect.com CONFIDENTIAL Page 263 Confidential-Colby 1 As I mentioned earlier, my 2 A. 3 distributor 4 distributed it. Q. 5 No, my distribution channel I understand that. But do you 6 know to whom the distributor distributed it 7 to? 8 A. I don't have access to this list. 9 Q. So the answer is no? 10 A. Right. 11 Q. Other than this eBook ad, are you 12 aware of any other advertisement that bore 13 the mark iBooks? 14 A. Amazon.com promotes within Amazon. 15 Q. How does it do that? 16 A. It does it through a co-op 17 advertising program that we earn by sales to 18 Amazon such that a percentage of our revenues 19 or sales is co-oped where we contribute some 20 money -- they contribute some money and they 21 promote our titles within their database. 22 Q. And how much money has been spent 23 on Amazon.com co-op ads since you've owned 24 the iBooks mark? 25 A. Probably co-op money about $30,000. TransPerfect Legal Solutions 212-400-8845 Depo®TransPerfect.com CONFIDENTIAL Page 264 Confidential-Colby 1 2 3 Q. And that's from 2006 to the present; is that correct? 4 A. That's correct. 5 Q. Are there any other types of ads 6 that you are aware of before the iBooks mark? 7 A. The trade show publications. 8 Q. Okay. Let's put a pin on it. 9 you aware of any other consumer oriented 10 Are advertisement that bore the iBooks mark? MR. CHATTORAJ: 11 A. 12 13 Objection. There may be some. I can't think of what they are right now. Q. 14 So in terms of the Preiss era, are 15 you aware of any -- whether they had any 16 Amazon.com co-op program? 17 A. Yes. 18 Q. What is your -- what are you aware 19 of? MR. CHATTORAJ: 20 21 A. Objection. That the distributor budgeted the 22 co-op Amazon expenses based on sales through 23 net distributor. 24 25 Q. Do you have any idea of how much was spent on Amazon.com co-op ads during the TransPerfect Legal Solutions 212-400-8845 Depo®TransPerfect.com

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