J.T. Colby & Company, Inc. et al v. Apple, Inc.
REPLY AFFIRMATION of Partha P. Chattoraj in Support re: 87 MOTION for Partial Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Chattoraj, Partha)
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
Civil Case No.: 11-civ-4060 (DLC)
REPLY DECLARATION OF
PARTHA P. CHATTORAJ
PARTHA P. CHATTORAJ, hereby declares, pursuant to 28 U.S.C. § 1746, as follows:
I am a member in good standing of the Bar of this Court, and I am a member of the
law firm Allegaert Berger & Vogel LLP, co-counsel for Plaintiffs in the above referenced matter.
I make this Reply Declaration, based on my personal knowledge, in further support of Plaintiffs’
Motion for Partial Summary Judgment against Defendant Apple Inc.
Attached hereto are full documents and, pursuant to Rule 5.2 of the ECF Rules &
Instructions for the United States District Court for the Southern District of New York, effective
January 30, 2013, relevant excerpts of more voluminous documents. The full versions of all
excerpted documents have either been produced in full in this litigation, made available to
opposing counsel for inspection, or are publicly available. Full versions of any excerpted
documents will be made available to the Court upon request.
Attached hereto as Exhibit A is a true and correct copy of the Family Systems
Internet home page that was available at the URL www.ibook.com, as of February 10, 2010,
which I retrieved from the Internet Archive on February 4, 2013. Similar pages, retrieved in mid1
2010, were attached to Plaintiffs’ Amended and Supplemental Complaint, filed on May 11, 2012,
as Exhibits T-W.
Attached hereto as Exhibit B is a true and correct copy of the Family Systems
Internet home page that was available at the URL sites.ibook.com/ibook, as of January 26, 2010,
which I retrieved from the Internet Archive on February 4, 2013, by following the link “About
Ibook Systems” contained in the web page reflected in Exhibit A hereto. Similar pages, retrieved
in mid-2010, were attached to Plaintiffs’ Amended and Supplemental Complaint, filed on May 11,
2012, as Exhibits T-W.
Attached hereto as Exhibit C is a true and correct copy of the Amendment to Allege
Use and appended specimens of use that were submitted by Family Systems’ trademark counsel
on or about November 6, 2000, in connection with the registration of the Family Systems IBOOK
Attached hereto as Exhibit D is a true and correct copy of the Combined
Declaration of Use and Incontestability, with appended specimen, filed by Family Systems’
trademark counsel on or about March 15, 2011 in connection with its registered trademark
VERBOL, U.S. Trademark Reg. No. 2,933,424. On January 30, 2013, I obtained this information
and downloaded this document from the PTO’s TSDR system, through searching in TESS, the
PTO’s trademark search system, available through the PTO’s Internet website at the URL
Attached hereto as Exhibit E is a true and correct copy of pages 1, and 261-263
from the transcript of the deposition of Thomas La Perle, taken in this matter on September 19,
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