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
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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
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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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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-Colby

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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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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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