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

Filing 159

DECLARATION of Bonnie L. Jarrett in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (REDACTED), # 4 Exhibit 4 (REDACTED), # 5 Tab - Borden Dep, # 6 Tab - Colby 30(b)(6) Dep (REDACTED), # 7 Tab - Colby Dep, # 8 Tab - Freese Dep, # 9 Tab - Goldhor Dep, # 10 Tab - Gundersen Dep, # 11 Tab - Kvamme Dep)(Cendali, Dale)

CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Page 1
HIGHLY CONFIDENTIAL
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
- - J.T. COLBY & COMPANY,
: Case Number
INC. d/b/a BRICK TOWER
: 11-CV-40260
PRESS; J. BOYLSTON &
: (DLC)
COMPANY, PUBLISHERS LLC
:
and IPICTUREBOOKS
:
LLC,
:
Plaintiffs,
:
:
vs.
:
:
APPLE, INC.,
:
Defendant.
:
-

-

-

October 3, 2012
HIGHLY CONFIDENTIAL
- - Videotaped deposition of GLENN
GUNDERSEN, ESQUIRE, taken at the offices of
Veritext National Court Reporting Company,
1801 Market Street, Suite 1800, Philadelphia,
Pennsylvania 19103, beginning at 9:24 a.m.,
before LINDA ROSSI RIOS, RPR, CCR and Notary
Public.
- - VERITEXT NATIONAL COURT REPORTING COMPANY
MID-ATLANTIC REGION
1801 Market Street - Suite 1800
Philadelphia, Pennsylvania 19103
VERITEXT NATIONAL COURT REPORTING COMPANY
[phone] ~ 215-24-1000 ~ 610-434-8588 ~ 302-571-0510

CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Page 340
1

GLENN GUNDERSEN, ESQUIRE - HIGHLY CONFIDENTIAL

2

by the iBooks, Inc. entity fell into the

3

first category in the terms of this text I

4

just read?
A.

5
6

you're talking about.

7
8

I don't know what category

Q.

The category that can be safely

ignored?
A.

9
10

about?

11

I'm sorry, what are we talking

We're talking about this application

over here?

12

Q.

Yes.

13

A.

Identify which serial number

14

are we talking about?

15

application and serial number.

16
17

Q.

Tell me which

I'm referring to Gundersen

Exhibit 5, and Gundersen Exhibit 6.
A.

18

Well, Gundersen Exhibit 6 is

19

merely a portion of what apparently is the

20

file.

21
22

Q.

That's correct.

So really the

application is Gundersen Exhibit 5.

23

A.

And your question is?

24

Q.

Did the abandoned application

25

reflected in Gundersen Exhibit 5 fall into

VERITEXT NATIONAL COURT REPORTING COMPANY
[phone] ~ 215-24-1000 ~ 610-434-8588 ~ 302-571-0510

CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Page 341
1

GLENN GUNDERSEN, ESQUIRE - HIGHLY CONFIDENTIAL

2

the first category that can be safely ignored

3

set forth on page 113 of your book?

4

A.

This is an application that was

5

examined, was investigated, we determined who

6

the applicant was.

7

subsequently happened to the applicant and

8

its business.

9

had died -- the principal of the applicant

10

had died, the company had been liquidated.

11

We found no further evidence after that of

12

continuing use of the mark.

13

site for successor business.

14

other business, no other evidence of use by a

15

successor business, and this is a situation

16

where we very thoroughly examined this

17

application and examined what it led us to.

18

Q.

We determined what

We found that the applicant

We found no Web
We found no

So the answer to my question

19

is, you determined based on your examination,

20

that the application had been abandoned and

21

that the applicant had abandoned its mark and

22

could be safely ignored.

23

A.

No.

Right?

I did not -- the scenario

24

there is -- that this makes out is an

25

applicant applies for a mark, drops the

VERITEXT NATIONAL COURT REPORTING COMPANY
[phone] ~ 215-24-1000 ~ 610-434-8588 ~ 302-571-0510