J.T. Colby & Company, Inc. et al v. Apple, Inc.
Filing
162
DECLARATION of Mary Mazzello in Support re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1 (Part 1 of 5), # 2 Exhibit 1 (Part 2 of 5), # 3 Exhibit 1 (Part 3 of 5), # 4 Exhibit 1 (Part 4 of 5), # 5 Exhibit 1 (Part 5 of 5), # 6 Exhibit 2, # 7 Exhibit 3, # 8 Tab - Colby 30(b)(6) Dep, # 9 Tab - Jacoby Dep, # 10 Tab - McDonald Dep, # 11 Tab - Nowlis Dep)(Cendali, Dale)
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
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CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 219
1
Confidential-Attorneys' Eyes Only-Colby
2
3
Q.
were speaking to at NBN?
4
5
A.
Q.
Do you remember the name of the
A.
It could have been Spencer Gale,
rep?
8
9
One of the reps came by to talk to
me.
6
7
Was there a particular person you
G-A-L-E.
10
Q.
Is that who you believe it was?
11
A.
I think so, yeah.
12
Q.
Any other instance of actual
13
confusion?
14
15
A.
Q.
Do you have documents reflecting
got.
16
17
That's all I've -- that's all I've
these alleged instances of confusion?
18
MR. CHATTORAJ:
Objection.
19
A.
I believe so, yes.
20
Q.
And you believe that those are on
21
the hard drive?
22
A.
Or the flash drive provided to you
24
Q.
And where would we find them on the
25
hard drive?
23
guys.
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Confidential-Attorneys' Eyes Only-Colby
2
dealings with Apple.
Do you have any
3
business plans with regard to any -- doing
4
additional business with Apple?
5
A.
I always have plans.
6
Q.
What are those plans?
7
A.
Depending on the market we look at
8
apps and we look at anything we can do on the
9
Apple platform that makes sense for us.
10
Q.
Do you have any plans about selling
11
any of your books in connection with any
12
iPhone app or in connection with the iBooks
13
app?
14
15
MR. CHATTORAJ:
A.
Objection.
Not in connection with the iBooks
16
app, but I am looking at some possibilities
17
of anything through Apple that makes sense.
18
Q.
And what are you talking about?
19
A.
Specifically apps.
20
Q.
Apps that people would be able to
21
purchase via the app store and have access to
22
your books; is that what you're talking
23
about?
24
A.
That's right.
25
Q.
And do you plan on doing that in
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CONFIDENTIAL
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1
Confidential-Colby
2
the internet?
3
A.
Not at all.
4
Q.
What documents are you aware of
5
that -- that would show what the "i" in
6
iBooks was to refer to if not the internet?
7
MR. CHATTORAJ:
Objection.
8
A.
I don't know.
9
Q.
Now, look at the top of Exhibit 18,
10
is there a logo?
11
A.
Yes.
12
Q.
And the logo is a light bulb with
13
an "i" in it, with the word "iBooks"
14
underneath it; is that right?
15
A.
That's correct.
16
Q.
Is that the logo used in
17
conjunction with your iBooks imprint?
18
A.
Yes, it is.
19
Q.
Is iBooks -- do you use this logo
20
on physical copies of all your books?
21
MR. CHATTORAJ:
Objection.
22
A.
I do.
I do.
23
Q.
Is the word "iBooks" spelled --
24
depicted the way it's depicted on this page
25
or is it depicted differently?
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CONFIDENTIAL
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Confidential-Colby
2
A.
Most often this way.
3
Q.
How else is it depicted?
4
A.
Most often this way.
5
6
7
8
9
10
I can't think
of anything -- any other -- any other way.
Q.
Isn't it true that this light bulb
is used on all of your iBooks imprint books?
A.
Yes, the light bulb and the words
iBooks underneath it.
Q.
Does Apple use the light bulb, to
11
your knowledge, in conjunction with its
12
iBooks mark?
13
A.
I don't know.
14
Q.
Are you aware of any instance of it
15
doing that?
16
A.
17
No.
Just backing up there was -- were
18
documents that indicate the iBooks associated
19
itself with the word "idea" and "new idea."
20
Q.
What documents are you referring to
21
that says that iBooks are supposed to be a
22
reference to "idea"?
23
A.
There are some ads in the book of
24
-- some of the books that reference iBooks in
25
connotation with a new idea that's brand new
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