J.T. Colby & Company, Inc. et al v. Apple, Inc.
Filing
74
DECLARATION of Claudia T. Bogdanos in Support re: 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. 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, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Chattoraj, Partha)
EXHIBIT E
Page 1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------X
JT COLBY AND COMPANY, INC., D/B/A
BRICK TOWER PRESS, J. BOYLESTON AND
COMPANY PUBLISHERS, LLC, AND
IPICTUREBOOKS, LLC,
Plaintiffs,
Index No.
11-CV-4060(DLC)
-against-
APPLE, INC.,
Defendant.
-------------------------------------
X
VIDEOTAPED DEPOSITION OF
MIKE SHATZKIN
New York, New York
December 4, 2012, 9:35 a.m.
Reported By:
Nicole Sesta
Ref: 8575
TransPerfect Legal Solutions
212-400-8845 - depo@transperfect.com
Page
1
2
M. Shatzkin
branding over a long period of time.
Q
3
And two lines below that it says,
a consumer it would undercut a brand's value
4
"To
5
to see a cookbook, a memoir, and a novel stamped
6
the same way." What did you mean by that?
7
A
What I mean by that is that a
8
consumer would -- if a consumer looked for
9
meaning in a publishing brand, it would be
10
looked -- the consumer would most likely be
11
looking for consistency of topic or subject or
12
presentation of some kind.
13
So
Dummies is a brand where the
14
topics are not the same, but the way of
15
presenting the topics, if you bought a book, a
16
Dummies book, on needlework and you need to know
17
how to fry an egg and there's a Dummies book on
18
how to fry an egg, you would have expectations
19
and knowledge about what that book would deliver
20
to you. But generally speaking, brand
21
consistency is more about topic or genre. So if
22
you're buying a Harlequin book, you know you're
23
not getting a spy novel. You're getting a
24
romance book. And so that is the way that most
25
consumers -- it's the only way that most
TransPerfect Legal Solutions
- depo@transperfect.com
212-400-8845
93
Page 97
M. Shatzkin
1
2
a biography, followed by, you know, there's no
3
particular consistency to what they read. Those
4
people are very unlikely to have much of an
5
informed opinion about publishers or imprints.
6
But then there are other readers
7
who are genre readers. And their
8
characteristics are different and they tend to
9
read many, many, many books in the same genre.
10
And in that case, there's a much higher
11
likelihood that they will be conscious of
12
publisher brands within the genre.
13
Q
Have you ever done any research to
14
examine consumer awareness of brands either on
15
the part of general readers or genre readers?
16
MR. RASKOPF: Objection.
Asked and answered.
17
18
A
No.
19
Q
Are you aware of any research that
20
looks at awareness of brands among general
21
readers or genre readers?
22
A
No.
23
Q
You mentioned Harlequin as an
24
25
example of a niche publisher, correct?
A
Yes.
TransPerfect Legal Solutions
- depo@transperfect.com
212-400-8845
Page 127
1
M. Shatzkin
2
Crowell- Collier bought the Free Press of
3
Glencoe, Illinois, which is where the Free Press
4
started, the man who started the Free Press was
5
a man named Jeremiah Kaplan, who became a bit of
6
a legend in the business, moved from Glencoe,
7
Illinois to New York because his company was
8
bought.
9
My dad was the vice president of
10
Crowell-Collier at the time and Jerry Kaplan
11
stayed at our house for the first two weeks he
12
was in New York. So I've been aware of the Free
13
Press since I was 15.
14
they started out as a much more academic
15
publisher back in those days. They did sort of
16
high quality political and social science. They
17
have for years and years and years and years.
18
They've always done --
So I followed them. I'm aware of
19
them. Book publishing companies I would say
20
with 99.9 percent certainty and accuracy do not
21
advertise their brands, period. They advertise
22
their books, only their books, and they mention
23
their brand within the advertising of their
24
books but brand recognition is based on the
25
cumulative book recognition.
TransPerfect Legal Solutions
- depo@transperfect.com
212-400-8845
Page
1
M. Shatzkin
That's why I said they did not
2
3
spend any money on brand promotion, per se. I
4
think I could actually make that statement about
5
just about every publisher there is, which is my
6
objection to the report I read.
7
8
9
10
11
12
13
Q
The Free Press doesn't exist any
longer as an independent entity, correct?
A
Free Press is an imprint of Simon
& Schuster.
It was merged into Simon &
Q
Schuster in
2012,
correct?
Oh, well, you mean the most recent
A
Yes, well,
14
reorganization that they've done.
15
Simon & Schuster in the last month just
16
announced a reorganization where sort of my
17
sense, following my playbook, which is that the
18
general, that -- well, it's not actually
19
following my playbook. They don't have the
20
basis of a B to C business at the Free Press.
21
There's not enough -- their books are not like
22
romance books or science fiction books where
23
people read
24
brand to read them.
25
20
a year and will return to the
The value of the Free Press
TransPerfect Legal Solutions
- depo@transperfect.com
212-400-8845
128
Page 202
M.
1
Shatzkin
If anyone built a brand by saying
2
3
I'm going to make this brand understood by a
4
bunch of people and advertise and promote to
5
them to do that, I didn't see it. Somehow or
6
another I missed it. Even if it happened once I
7
would be amazed but it certainly did not happen
8
repeatedly.
9
So is it your testimony that all
Q
10
brands in publishing including the Dummies brand
11
for that series of books exist solely because of
12
the sales of books that happened to happen?
Objection to
13
MR. RASKOPF:
14
the form of the question.
15
It is my testimony that all
A
16
brands, that is author brands, title brand,
17
author brands -- sorry, imprint brands, series
18
brands and publishing house brands are the sum
19
total of awareness created by the books sold and
20
read under those brands. There is very, very
21
minimal impact of anything else.
22
Do publishing houses undertake
Q
23
marketing activities with respect to authors,
24
for example?
25
MR. RASKOPF:
Objection to
TransPerfect Legal Solutions
212-400-8845 - depo@transperfect.com
Page 203
1
M.
Shatzkin
form.
2
A
3
They
Generally speaking, no.
4
undertake marketing activities on behalf of
5
books, not authors.
6
linked but not always, not often even.
7
Q
Sometimes the two are
Is it your testimony that all
8
marketing in the publishing industry occurs with
9
respect to individual books?
MR. RASKOPF:
10
Objection to
11
the characterization of the
12
witness' prior testimony.
A
13
Essentially, yes.
Essentially
14
publishers don't have any budget for anything
15
else.
16
That's where all the money is spent.
17
figuring out how to spend the money to sell a
18
book, and certainly a house would be aware that
19
if it has six ads for six books in the New York
20
Times book review, and they all say Harper
21
Collins underneath that an agent or somebody
22
else might say Harper Collins is doing a lot of
23
hot books, but they're not trying to sell Harper
24
Collins.
25
Q
Each book has a budget for marketing.
So you're
They're trying to sell each book.
At the bottom of page six of your
TransPerfect Legal Solutions
- depo@transperfect.com
212-400-8845
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?