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

Filing 78

DECLARATION of Claudia T. Bogdanos in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis.. 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 G

Paq 1

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
J.T. COLBY & COMPANY, INC.,
d/b/a BRICK TOWER PRESS,
J. BOYLSTON & COMPANY,
PUBLISHERS, LLC, and
IPICTUREBOOKS, LLC,
Plaintiffs,
V.

CASE NO.
11-CIV-4060 (DLC)

APPLE, INC.,
Defendant.

VIDEOTAPED DEPOSITION OF
RICHARD FREESE
September 25, 2012
Prince Frederick, Maryland
2:04 p.m.

REPORTED BY:
Lori J. Goodin
REF: 8254

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the way I describe it.
Basically what happens is, when a

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brand becomes a trusted brand and you are looking

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for something else, you know, if you have read

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books by that publisher, that brand, before, you

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will look at it and say well, maybe I can, you
know, I know that publisher, I like their books.

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Let me, you know, I will give it a look. I will

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think about it.

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I think, you know, if I asked you,

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and actually you all are involved in this case,

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so you probably know it already, but before you

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started in this case, did you know who Random

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House was or did you know who Simon & Schuster

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was?

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You have seen their logos for

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decades in the New York Times and in the New

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Yorker, and they mean something.

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And, to me at least when I was

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signing ibooks and I was signing Byron Preiss,

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Byron was a brand within the industry, because of

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the quality that he had brought in his publishing

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and the author list that he had.
So, to me, you know, buyers get,

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they see as many buyers as they will see every

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month.

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are in folders.

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publisher, the most important trusted sources is

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the top folder.

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any money left over, is the bottom folder, you

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know, and there may be 30 of them.

And they have a stack of buy cards that
And the most important

And the discretionary, if I have

And my goal was always to get

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publishers that were top of the pile instead of

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bottom of the pile.
And I have, you know, with the

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author list that ibooks had and the brand

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recognition that those authors have. I mean they

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made the Foundation movie for Asimov what, three

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or four years ago. That book is 25, 30-year old.

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BY MR. RASKOPF:

79

Q.

Right.

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A.

You know, it is -- so, my answer is,

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I think that the, if you lock up authors and you

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have the right authors, the authors define the

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brand and then the brand begins to define the new

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authors.

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MR. RASKOPF:

I have nothing

further.

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EXAMINATION

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BY MS. JARRETT:

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Q.

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I have just a couple of follow-up

questions.

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A.

Okay.

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Q.

You mentioned logos and their

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meanings.

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A.

Uh-huh.

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Q.

Here at Recorded Books,

do you, do

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you only distribute books digitally or is it also

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on tape or CD?

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18

A.

We still do Cds.

cassettes,

Q.

We still do

if you can believe it.
Do any of those products feature the

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hard copy,

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logo, i.e. Random House?

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A.

for lack of a better term,

publisher's

Any of the distributed, every one of

the distributed does.

And ours do, and in fact

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