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)
<![CDATA[
EXHIBIT23
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,
No. 11-cv-4060
vs.
APPLE
I
INC .
I
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
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Page 271
Confidential-Colby
1
2
3
told you about.
Q.
Are you aware of any other
4
advertising during the Preiss era relating
5
that depicts the mark ipicturebooks?
6
A.
I'm not aware of any.
7
Q.
What advertising are you aware of
8
during the period end of 2006 to the present
9
depicting the ipicturebooks mark?
10
MR. CHATTORAJ:
Objection.
11
A.
Not that I'm aware of.
12
Q.
You're not aware of any
13
advertising?
14
A.
That's right.
15
Q.
Mr. Colby, are you claiming that
16
Apple has infringed both your iBooks and your
17
ipicturebooks mark?
am.
18
A.
I
19
Q.
So now we've talked -- are you
20
aware of any -- so we've talked about
21
advertising.
22
you aware of that utilized the iBooks mark
23
during the Preiss era?
MR. CHATTORAJ:
24
25
What marketing activities were
A.
Objection.
The ones already mentioned to the
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Confidential-Colby
1
2
consumers, plus the work by Simon & Schuster
3
and PGW and -- yes, and PGW, though you
4
defined it through the Preiss era, so.
Q.
5
And what activities by Simon &
6
Schuster and PGW during the Preiss era are
7
you referring to in terms of marketing?
A.
8
These are the catalogs, trade show
9
material, book store mailings, in-store
10
promotions, in-store author promotions,
11
anything that Simon and PGW would do to
12
promote a book if they spent money on it.
Q.
13
What
the catalogs that you're
14
referring to, were those catalogs that were
15
sent to book stores to see if they wanted to
16
order titles?
17
A.
Yes.
18
Q.
How else would those catalogs be
19
used?
MR. CHATTORAJ:
20
21
A.
Objection.
The -- among many things, the
22
salesmen, sales reps would have copies in
23
their little bag, so when they went into an
24
account they would go through the iBooks'
25
list with the buyer.
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1
2
3
Confidential-Colby
Q.
The catalogs weren't distributed to
consumers; is that correct?
MR. CHATTORAJ:
4
Objection.
5
A.
Not technically, no.
6
Q.
Then in terms of the trade shows,
7
what trade shows do you know of that had the
8
iBooks mark depicted?
MR. CHATTORAJ:
9
10
A.
Objection.
The Book Expo America show, and I
11
think the Comi-Con show had a lot of science
12
fiction genre promoted at it.
13
14
Q.
Do you know whether the iBooks mark
was actually featured at the Comi-Con show?
15
A.
I don't know.
16
Q.
Do you know whether the iBooks mark
17
was actually featured at the Book Expo Show?
18
A.
I do know that.
19
Q.
And how do you know that?
20
A.
I put it there.
21
Q.
During the Preiss era, do you know
22
whether the iBooks mark was ever featured at
23
a trade show?
24
25
A.
I don't know.
Oh, you mean the
book expo or any trade show?
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