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

Filing 42

AMENDED AND SUPPLEMENTAL COMPLAINT amending 1 Complaint against Apple, Inc. with JURY DEMAND.Document filed by Publishers LLC, J.T. Colby & Company, Inc., Ipicturebooks LLC, J.Boyston & Company. Related document: 1 Complaint, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G-M, # 5 Exhibit N-Q, # 6 Exhibit R-T, # 7 Exhibit U-X, # 8 Exhibit Y-Z)(lmb)

Exhibit U

Page I of 1

ContrIbutor: ~ n.le,

Thu Feb 04 18:59:30 GMT+OO:OO 1999

rrtylon Rco'ldon I R.."!ilon ladu

Idcfault_4199185930.htm

ibook™
The Family Systems Public ibook™ Web Site
The ibook™ Help Site.
Vikram's Travels.

,

Ibook Ibook

This site was constructed and is maintained with ibook™-brand
software for creating and supponing interactive user-modi flable electronic books.
ibook™ is a trademark of Family Systems, Ltd.

hnp:/Iweb.archive.org/web/l99902080 13825Ihttp://www.ibook.comi

7113/2010

Page 1 of I

T of Contents

\1 i k r a 111 T S
Mx

Family

Places Along
the Way

Profiles

Travels
Journal

Other
\Vriting

http://web.archive.org!weblI9991 0070S0S421www.ibook.comNikramsTravelslPagesffoC... 7/13120 I0

I

Page I of3

Welcome to Vikram's Travels

Welcome

March 5, 1999
It has been 10 weeks since I've been alone. Difficult to say how it feels.

Hopeless. Promising. As anyone who was following (and has by now
given up on) this site can tell, nothing has happened in that time. But every
thing has happened, too. And silting here, back in Sri Lanka where the
March air is growing still and fiery, I don't know where to begin.
Of course, part of the problem has been phone lines, computer crasbes, and
the loss of my camera. But beyond that, I haven't even finished cataloging
the photographs from my last weeks in Sri Lanka. And so far, I haven't
begun to make copies of the hundreds that are still here, waiting to be
collected. I haven't finished interviews with many people, haven't begun
still more. Since I can't easily describe the last few months here, I'll tum to
the present.
6 de Soysa Avenue, Mount Lavinia, Sri Lanka. This is my current borne,
the place where I am trying to write and catalogue and work. You may
have written to me bere care of Mrs. R. Sansoni at one point. Right now, J
am the only one in these small, dark three rooms aside from a few
cockroaches and the rat who tries nightly to nibble my soap. J sit in my
sarong in front of a rusty old fan and listen to fairly awful Colombo radio,
punctuated ocassionally good songs and news updates. I now understand
why Colombo-ites always run to the hills in April. It is already unbearably
hot. Too hot to think, to hot to move away from the fan. I actually unplug
and carry it from room to room.

So what's new? Maybe my whole life right now. California feels farther
than ever, almost unmentionable. If you get a chance, drop me a line from

http://web.archive.org/webIl999! 007054540/www.ibook.comNikramsTravetslPageslhom... 7/13120 I0

,

Welcome to Vikram's Travels

Page 2 of3

reality. I am back to the drawing board ... Let's see what comes up.
Everything old is still bere and anything new is listed below. Enjoy and do
consider writing -- c/o Astrid de Silva, 6/6 Cross Rd. Mt Lavinia or
[e-mail].
Vikram, March 5, 1999, Mt Lavinia.

What's New
Colombo Street Children's Project
A Few Pictures from India

My Mount Lavinia Retreat
Journal March 13, 1999

Two "New" Viola e Pies

-Introduction
Sometimes we just begin. We do things without understanding--thinking
and planning them simply because we know we must. We follow roads and
explore the woods and wonder about the dark places we are scared of. This
is the kind ofjourney I am on. Looking around this site you will see
through windows I put up. You may find stories about my family, music
played by friends, photographs of distant places. OccasionaIJy you may
even find something worth reading. Since most of you know me or are
associated with Peninsula School, I welcome you as friends and offer my

own impressions and insights without censorship, fact-checking, or much
proofreading. Take what is here as conversation, not necessarily accurate
fact. In other words, kids, don't use me as a source for the next writing

assignment.
For anyone unaware of what I am doing, here is the short version: Over the
year I am gathering my family stories around the world. The journey will
take me to the following countries: The U.S., Canada, England, France, Sri
Lanka, India, Vietnam, Bali, and Australia. This website is a way for me to

share some of my experiences.
As you can see, the site is organized into six areas. At the moment there is
very little content and some areas may be empty. Hopefully they will fill as
I go along. So far, I have not begun processing and posting audio.
Sometime after Christmas, I hope. The six areas are:

http1Iweb.archive.orglweb!l9991 007054540/www.ibook.comIVikramsTravelslPageslhom... 7Il3nO I0

-

'

Welcome to Vikram's Travels

Page 3 of3

-My Family--Mostly photographs and brief descriptions about the people I
am learning about or talking to, I may also add some anecdotes and stories,
'Places Ion the Wa --Photographs and my impressions of some of the
places I visit.
·Profiles--Interviews with interesting people I meet while traveling, In the
works as I figure out the best way to incorporate sound.
·Journal--Not the actual day-te-day thing but occasional adaptations of
my personal writing. In other words [ leave out the embarrassing stuff.
Bummer.
·Home--What you're looking at right now.
'Other Writing--This may be the least developed area. It could include
fictional stories or unrelated writing I do. Also accounts of my family that
are either old or fictionalized or both.

Most of the content should be viewable with Netscape and Internet Explorer versions
3 and higher. Audio files will probably be streaming Quicklime movies (.mev). To
listen you will need the Apple Quicklime plug-in, available for Mac as, Windows
95 and Windows NT. If a link doesn't work, it means I have not created that section
yet. Setting your font size to the default value (middle for Internet Explorer, 12
points for Netscape). rather than any larger or smaller, will help keep things properly
aligned. Please TELL ME about any problems.
All active links should appear underlined and blue or RED if you've visited them.
Black words are just words.
All words and images eJ998 Vikram Singh or the creator ofthe relevant work. In
the case a/work NOT by Vikram Singh, All Rights Reserved. The contents ofthis site
may only be distributed free ofcost and/or profit. Feelfree to email me anytime. My
responses will be limited by volume and the vagaries of international telephone
systems. What fim. Thanks to Peninsula School and Family Systems for making this
site possible.

http://web.archive.org/web/1999t 007054540/www.ibook.comNikramsTravelsIPages/hom... 7113120 I0

Exhibit V

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IOUUK. IOUUK.

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Contributor:

he/enr Dall': Frj Feb 02 05:52:25 PST 2001

1 UI ,/.

Pre~loll~ Rl'\'lslon I RHlslon Index

whenever revise authorize helenr

This site was constructed and is maintained with "ibook"-brand
software for creating and supporting interactive user-modifiable electronic books.
"ibook" is a trademark of Family Systems, Ltd.

IIZI family
IiiII systems

The Family Systems Ibook Ibook
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This Site is Sponsored by Family Systems Ltd

The home of Family Sys1ems' Ibook Technology.
Already Enrolled?

Want to Enroll?

What is an !book?
An Ibook is an electronic book. lbooks are built on lOp of websites, but they are more than
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add to or modify them, quickly and automatically, without needing to know about file
transfer, permissions, or directory structures. You can never accidentally destroy existing
pages in an lbook because all changes are kept. Each fbook page starts with a documentary
line Ihat looks like this:

This shows that the contribulor helenr last modified this page on Friday 19th January. To
see what it looked like before she modified it you can click on Previous Revision. To see all
previous revisions, click on Revision Index.
These lines (we caillhem "itags") are generated and updated automatically. You are
welcome to explore the ilags at the top of any of the pages on lhis site.

Can [ contribute to Ibooks?

'1n I nOlo

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We hope you will. First you need to find the Ibook you want to contribute to. You could
contribute to this one - the Ibook lbook. or you could try one of the other public fbooks
listed here. Before you can make changes you need to do two things:
I. Enroll in the lbook of your choice. To Enroll in this one, click here.
2. Install our software - The lbook Controller. You will not be able to do this until you
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allow you to create and change pages in the fbook, as well as organise and navigate
your pages.
Once you have the Ibook controller, you will be able to use your own Web Page Editor to
stan making changes.

Can I have my own [book?
Yes, subject to some rules, you can have an lbook Server working on your own websites.
Once you are enrolled you will be able to read about how to set up an {book Server.

How stable and reliable is the !book software?
The lbook Controller and Server software are at the prototype stage. This is stage 2 of the
four pan development process described on
http://web.archive.org/webl200 I0203222200lhttp://www.familysystems.coml. [n practice,
this means that though the software is in daily use by many people, some aspects of it may
still have problems or are not yet completed. We rely on feedback from the software's many
users to iron out these problems.

!book Documentation
There is some documentation here: fbook Documentation

Public (book Sites
www.ibook.com
www.eternalquestions.com
www.stewartbarr.com

www.familysystems.com
www.loveishealing.com
www.roundhillguest.com

Browse

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Mail Me!
(~~,gt.2"lIne

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Exhibit W

Page I of2

The Ibook [book

Conlrlbulur;

helenr D.I~: Thu Jan

25

05:03:56 PST 200/

furious Rf\'biloal Rtvblon ludn

whenever revise authorize helenr

This site was constructed and is maintained with "ibook"-brand
software for creating and supporting interactive user-modifiable electronic books.
"ibook" is a trademark of Wily Systems, Ltd.
1ZI family
IiiiI systems

The Family Systems Ibook Ibook
©Copyright Family Systems Ltd 1996-2001
This Site is Sponsored by tlmih' Systems Ltd

Ident;!)' Ihooks
C_urrent Contributors

Current Pages Being
Revised

The home of Family Systems' Ibook Technology.
What is an Ibook?
An Ibook is an electronic book. (books are built on top of websites, but they are more than
websites. You can browse and read Ibooks just like conventional websites, but you can also
add to or modify them, quickly and automatically, without needing to know about file
transfer, permissions, or directory structures. You can never accidentally destroy existing
pages in an Ibook because all changes are kept. Each Ibook page starts with a documentary
line that looks like this:

This shows that the contributor helcnr last modified this page on Friday 19th January. To
see what it looked like before she modified it you can click on Previous Revision. To see all
previous revisions, click on Revision Index.
These lines (we call them "istamps") are generated and updated automatically. You are
welcome to explore the istamps at the top of any of the pages on this site.

Can I contribute to Ibooks?

http://web.archive. orgiweb/2 00 I02020353OOlhttp://ibook.coml

7/13/2010

The Ibook Ibook

Page 2 of2

We hope you will. First you need to find the [book you want to contribute to. You could
contribute to this one - the Ibook [book, or you could try one of the other public Ibooks
listed here. Before you can make changes you need to do two things:
I. Enroll in the Ibook of your choice. To Enroll in lhis one, click here.

2. Install our software - The [book Controller. You will not be able to do this until you
have enrolled. The Ibook Controller provides you with a remote control interface to
allow you to create and change pages in the Ibook, as well as organise and navigate
your pages.
Once you have the Ibook controller, you will be able to use your own Web Page Editor to

start making changes.

Can I have my own !book?
Yes, subject to some rules, you can have an lbook Server working on your own websites.
Once you are enrolled you will be able to read about how to set up an Ibook Server.

How stable and reliable is the !book software?
The Ibook Controller and Server software are at the prototype stage. This is stage 2 of the
four part development process described on
OOp.:I!web.archiye.orglweb/200 I020203 53OOlhltp.:/lwww.familysystems.com!. In pmctice,
this means that though the software is in daily use by many people, some aspects of it may
still have problems or are not yet completed. We rely on feedback from the software's many
users to iron out these problems.

Ibooks on this Site
The ihQok Help' Site.
Jamaica

Vikram's Trayels.
Emn10y.ment °RPortunities

Browse

http://web.archive.orfJIwebl200 I02020353OOlhttp://ibook. corn!

711312010

i~ook,com

home page

Page I of 1

CUlnhlor:

mme Dm: TIlt Nov 27 /4:30:51 PST 200/ Pre,'lout Rnltlo.l.Re,'IIIo! Indfl

Idefault 2710101143052,htm

The Family Systems ibook® Home Page
Portal to the ibook® Family of Products,

=

family
Ii:iI systems

Ir,;ll
L:J

This lbook Site is Sponsored by

Eam!.1y Systems Ltd

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Want to Enroll?

This site was constructed and is maintained with ibooke software f01' creating interactive user-modifiable electronic books.

The Ibook Family of Products
Product

What it does

Where to read about it

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For creating and managing interactive books on
webs, lbooks enable and encourage collaboration,

wtfW,jbook,CQm'Produc1s1ibookcontcoller,htm

Thelbook
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Software for hosting your own ibooks, Family
Systems also provides web hosting services.

www.jbook.com/Produetslibookserver.htm

Fax
Processor

Web publishing for documents received by fax

WttW,jbook,coav'PcoduetsJfaxprocesso[,htrD

MySharer

MySharer automatically publishes files to the
Internel.

www.ibook.com/PCQd.yctsJmy~er.hlm

In Oevelopment
Audio
Recorder

Record, index and access your conference and
personal phone calls.

www.ibook.comlproductsJohonerecQrder.hlm

Progress
List

Create and manage task lists

www.ibook.comlProdudsiprogresstist.htm

Search

IbOO~ Is a registered trademark and MySharer and Family Systems are trademarks of family Systems, Ud.

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7/1312010

Page 1 of2

Content: index 20050930220823.htm
Parent:
llltp:l!w eb,archiyc.orglweb/20051111203432Ihttp://www,iboQk.comL

Contributor: mdm
Date: 2005 Frl Sep 30
22:08:23 BST

Previous Revision I
Revision Index

Welcome to try.ibook.com

12 is here in experimentalform. Try it II0W.
Enrollment· for the first time visitor. Find out about try.ibook.com and obtain a user name and password..
If you have already enrolled then,
for users of v2 and prior ibook systems, go to our Reception Area· to view subject ibooks and shared identity
ibooks.
or go straight to your identity ibook:

Enter your user name to login
to your identity ibook

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This site is for users of the Family SystemsTU ibook system. On this site. you can create your own ibook and
manage the content of thaI ibook using the ibook controller and other Family Systems products. It operates under
a set of site rules.
For more information on the ibook system or other Family Systems products please go to
http://web.archive.orglwebl200511112034321hltp21.www.ibook.com/.

Viewer's Acknowledgments
copyright<O enrolJees
The content of this ibook® system is owned by its originators and licensed to you for viewing provided
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(a) I understand and acknowledge that this license gives me only a right to view or listen to or provide
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By continuing to view pages on this site, you agree to the above rules.

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711312010

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This ibook system is in an ex.perimental stage as we transition from a Version 2.0 ibook system based on
Java servlets and applets to a Version 3 system based completely on Perl and Javascript. Transitioning to
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environment including inexpensive shared hosting accounts available from most common providers.
The first v3 ibook system is now available on http://web.archive.orglweb/20051111203432/http:/lcoQj1.ibook,com!
We encourage you to try out ibook systems by enrolling on this site and thereby creating an ibook
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http://web.archive.org/webl200S11112034321try.ibook.com!

7/1312010

Exhibit X

PTO Form 1597 (RltV 11f20(7)
OMS No. 0651-0055 (E.<p 1213112011)

Section 7 Request Form
The table below resents the data as entered.
REGISTRATION NUMBER

I
I

LAW OFFICE ASSIGNED

SERIAL NUMBER

LAW OFFICE 110

175182820

MARK SECTION (current)

ISTANDARD CHARACTERS
USPT()..GENERATED IMAGE
LITERAL ELEMENT

I

MARK STATEMENT

YES
IlBOOK
The mark consists of standard characters, without claim to
any particular font style, size or color.

MARK SECTION (proposed)

I
I
I

ILITERAL ELEMENT

!BOOKS

MARK

lBOOKS

STANDARD CHARACTERS

YES

USPT()..GENERATED IMAGE

YES

MARK STATEMENT
SPECIMEN
FILE NAME(S)

SPECIMEN DESCRIPTION

The mark consists of standard characters, without claim to
any particular font style, size or color.
IITICRSIEXPORT1 OIIMAGEOUT

10175 I1828175 I82820lxmlI 1S7R0003.JPG
Screenshot of Applicant's online store showing use of the
mark in connection with sale of the goods The attached
specimen was in use in commerce on or before the filing date
of this request.

IOWNER SECTION (curreut)

INAME
ISTREET

APPLE INC.
1 INFINITE LOOP

ICITY
ISTATE

I

ZIPIPOSTAL CODE

ICOUNTRY

ICUPERTINO
California
95014

I

United States

LEGAL ENTITY SECTION (current)

ITYPE

I

STATE/COUNTRY OF INCORPORATION

I
I

corporation
California

ADDITIONAL STATEMENTS SECTION

MISCELLANEOUS STATEMENT

Registrant requests the registered mark be amended to add an
"S" to the end of "IBOOK." The proposed amendment to the
mark does not materially alter the character of the mark in the
registration and does not render it sufficiently different to
require republication. The new fonn afthe mark has the same
meaning as, and contains the essence of, the original mark.
The addition of"S" - changing the mark from IBOOK to
IBOOKS - creates the impression of being essentially the
same mark, so that consumers will readily understand the
mark to be same.

PAYMENT SECTION

ITOTALAMQUNT
ITOTAL FEES DUE

100
100

SIGNATURE SECTION
DECLARATION SIGNATURE

/Lisa G. Widup/

SIGNATORY'S NAME

Lisa G. Widup

I

.

SIGNATORY'S POSITION

Attorney of record. California bar member

DATE SIGNED

05/17/2010

REQUEST SIGNATURE

/Lisa G. Widupl

I
I
I
I
I

SIGNATORY'S NAME

Lisa G. Widup

SIGNATORY'S POSITION

Attorney of record, California bar member

DATE SIGNED

05117/2010

AUTHORIZED SIGNATORY

I

CONCURRENT § '.' &15. OR' &9 FILED

INO

YES

IFILING INFORMATION SECTION

I

SUBMIT DATE

MonMay 1716:49:31 EDT 2010

TEAS STAMP

USPTO/S7R-17.193.14.218-2
0100517164931390014-24466
34-4605f2a3e874ce67ce5608
9f12efl 1174be-DA-37 10-201
00517152618662776

PTO F<'>n'n \591 (Re. 1112001)

()I,I8No 06~I.0055(El<p 1213\12011)

Section 7 Request Form
To the Commissioner for Trademarks:
The registrant requests the following amendment(s) to registration no. 2446634 mOCK
MARK
Registrant proposes to amend the mark as (ollows:

Current: IBOOK
Proposed (USPTO generated image): IBOOKS (Standard Cbaracters, see mark)
The mark consists of standard characters, without claim to any particular font, style, size, or color.
Registrant hereby submits a specimen for the mark that was in use in commerce on or before the filing
date of this request. The specimen(s) submitted consists of Screenshot of Applicant's online store showing
use of the mark in connection with sale of the goods.
Specimen Filel
ADDITIONAL STATEMENTS
Miscellaneous Statement(s)
Registrant requests the registered mark be amended to add an "s" to the end of "IBOOK." The proposed
amendment to the mark does not materially alter the character of the mark in the registration and does not
render it sufficiently different to require republication. The new form oftbe mark has the same meaning
as. and contains the essence of, the original mark. The addition of"S" - changing the mark from IBOOK
to lBOOKS - creates the impression of being essentially the same mark, so that consumers will readily
understand the mark to be same.
FEE(S)
Fee(s) in the amount of$loo is being submitted.
SIGNATURE(S)

Declaration Signature

The undersigned, being hereby warned that willful false statements and the like so made are punishable by
fine or imprisonment, or both, under 18 U.S.c. § I00 I, and that such willful false statements may
jeopardize the validity of the application or document or any resulting registration, declares that atl
statements made ofhis/her own knowledge are true; and all statements made on information and belief are
believed to be true.
Sigoature: !Lisa G. Widupl
Date: OS/1712010
Signatory's Name: Lisa G. Widup
Signatory's Position: Attorney of record. California bar member

Request Signature
Signature: !Lisa G. Widupl Date: OS/l7/20 10
Signatory's Name: Lisa G. Widup
Signatory's Position: Attorney of record, California bar member
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the
highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
territories and possessions; and he/she is currently the registrant's attorney or an associate thereof; and to
the best ofhislher knowledge, if prior to hislher appointment another U.S. attorney or a Canadian
attorney/agent not currently associated with hislher company/finn previously represented the registrant in
this matter: (I) the registrant has filed or is concurrently filing a signed revocation of or substitute power
ofattomey with the USPTO; (2) the USPTO has granted the request of the prior representative to
withdraw; (3) the registrant has filed a power of attorney appointing him/her in this matter; or (4) the
registrant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing
himlher as an associate attorney in this matter.
The registrant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of
Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal
of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

RAM Sale Number: 3710
RAM Accounting Date: OS/l8/20 I0
Serial Number: 7S 182820
Internet Transmission Date: Mon May 17 16:49:31 EDT 2010
TEAS Stamp: USPTO/S7R-17.193.14.218-20100SI716493139
0014-2446634-460S12a3e874ce67ceS6e891l2e
11 I I74be-DA-3710-20 IOOS17 IS2618662776

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ROUTING SHEET TO POST REGISTRAnON (pRU)

Registration Number:

2446634

III~IIIIIWII~U~I

Serial Number:

RAM Sale

75182820

I ~ III ~~III~1111~1II11~ I

umber: 3710

RAM Accounting Date: 20100518

Total Fees:

$100

Note: Process in accordance with Post Registration Standard Operating Procedure (SOP)

Transaction

Fee
Code

§7 request

Transaction
Date

20100517

Fee per
Class

$0

Number
of Classes

Total
Fee

o

o

Physical Location: 900 - FILE REPOSITORY (FRANCONIA)

Lost Case Flag: False
In TICRS (AM-FLG-IN-T1CRS): True

Transaction Date:

20100517

1111 In 11111111111

$100