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

Filing 89

DECLARATION of Partha P. Chattoraj in Support re: 87 MOTION for Partial Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90)(Chattoraj, Partha)

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EXHIBIT 14 From: Subject: Date: To: Cc: "Lupo, Anthony" <Lupo.Anthony®ARENTFOX.COM> !Book trademark and license October 19,2008 6:13:02 PM PDT 'Thomas La Perle' <laperle@apple.com> "Panko, Ross" <panko.ross®arentfox.com> Attorney Client Privilege From: Brian Reynolds [mallto:brlnja@gmall.com] Sent: Wednesday, October 01, 2008 4:01 PM To: Panko, Ross subject: !Book trademark and license Dear Mr Panko, 1am Brian Reynolds of Family Systems Ltd which owns the trademark "ibook''. You have sometimes communicated through my trademark attorney when requesting permission for Apple to register the "I Book" trademark in various foreign countries. This is pursuant to a Ucense Agreement from Family Systems Ltd to Apple Inc created in 1996. Family Systems is about to relaunch lbook Systems V4 and VS as cooperative projects along with a Cooperative Ucense and Verbal, a language framework for talking to objects. This will potentially reshape how the ibook trademark is used. Apple has recently stopped using the !Book trademark for notebook computers as it has focussed on the !Phone and MacBook. If I were In Apple's shoes 1would be taking this opportunity to create a new form of !Book Computer using iphone touch technology In a bigger screen closer to tablet PC size. This market has been latent since the dynabook was first conceptualised and its various manifestations have always sufferred from the need to operate with a stylus which gets lost. The !Phone touch screen technology solves that and In a larger format would make the dynabook finally a reality. What better name than iBook? If this happens there is potential for a naming clash or contusion if both offerings occur in similar time frame, so I wonder whether it woud be wise to take steps now to ensure clarity. Without asking for any comment on their product plans, is It possible for you to determine whether Apple Inc would be interested In greater control of the !Book trademark worldwide? 1would consider a sale of these trademarks to Apple with a license back to Family Systems. My product Intentions will be open and possibly more easily described in a license to Family Systems than Apple's in the license to Apple. As I recall the license to Apple is at present limited to notebook computers which a new !Book may be, though perhaps It may be other things too? 1will be pleased to receive your response, Brian Reynolds, Managing Director, Family Systems Ltd. CONFIDENTIAL APPLE-IBOOKS0020321 Best wishes from Brian Reynolds May good will enable us to improve what we can, endure what we cant and converse with all who might help, so we cooperate in peace. IRS Circular 230 disclosure: To ensure compliance with requirements Imposed by the IRS, we inform you that, unless express!)' slated olher.vise, 11ny U.S. federul tax advice contained in t11is communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose or (i) uvoiding penalties under the Internal Re\'enue Code or (ii) promoting. marKeting or recommending to another p11rty any transact1on or matter addressed 11erein. CONFIDENTIAL APPLE-I BOOKS0020322

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