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)

. EXHIBIT 16

-·--·--·------·-·----------------····--·-··-···-----------------····-·-···-------------·----··-···----------·---

Attorney Client Privilege

RESTRICTED CONFIDENTIAL - OUTSIDE
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APPLE-IBOOKS0022057

Attorney Client Privilege

From: Lupo, Anthony
Sent: Saturday, January 23, 2010 5:57 PM
To: 'Brian Reynolds'
Cc: [e-mail]; Taylor, Brewster; Panko, Ross
Subject: RE: Selling rights In "!BOOK"

Brian,
Thank you for your email.
In order to keep this moving quickly, we are preparing a draft agreement. However, I don't think time will
allow us to set up a call w~h an Apple executive. As you might expect, management is fully engaged in
preparing for the event on Wednesday.
If you are not willing to accept the
offer that I made last night, please email me your counteroffer
today. In making a counteroffer, please keep the following points in mind:
• Although you take the view that the domains alone would justify your suggested price, Apple does
not share that view. As I'm sure you're aware, Apple uses a single website at a single address,
www.apple.com, for all of its products and services, and does not maintain separate product-specific
sites at other web addresses. Apple would not place the same value on the domains that you have
suggested.
• Please also reconsider the value you are putting on the trademarks. Although you indicated in your
email that you have "registrations for ibook in the field of interactive electronic books in many
countries including the USA", in fact your registrations in Australia, the European Communily, the
U.K., and elsewhere in Europe have all expired, and your Canadian application was abandoned. if
we are to reach an agreement, the price must reflect the fact that you cannot convey to Apple a
worldwide portfolio of trademark rights.
Since your current demand is apparently heavily weighted toward your view of the value of the domains,
please let me know your price if the deal includes the domains, and also if the deal does not include the
domains, and we will get back to you as quickly as we can.
Tony
Anthony V. Lupo
Partner
Arent Fox LLP I Attorneys at Law
1050 Connecticut Avenue. NW
Washington. DC 20036-5339
202.857.6353 DIRECT I 202.857.6395 FAX
[e-mail] I WWN.arenlfox.com
ClA·WIDEiJ['L-\LTJ'Y KUfJCE. 1'111.~ <'-lll.ul .md .1/ly :•rtodunt'uts att' !01 lht c:-.:c.ltl!m·~ ~nd <.OIIfldcnttallt'>'<" (ll tla- ummled rccJpl<'lll. 1f ;-·;:m i\"ttivc.:!
1! 11 ~, nl ,·Jr(•J. pk!l~;(' >k• J)l)! 1-..uU. di...;J,,t,nlc o)J !:tke 3L·rwn iun·lwncr 11pou tilt.-: IJJ<!.;..·:.-;.-o.c ln:>le-ntl. plt'35~ H<)tlfy tt;; JlJLnlNll:•rdy t•y 1t'llHU e--miul o,nd
prvmplly dde:tt' thiS" mc'>'$'1,:2.e ;md 1t; ~u:u:hmc-nts (Hllll Y•mr ct.~nputc-r •;y~:ttm \\'( d(• nN \\-al\'c a!fr)JUcy-dJcll! <.or \\·ort; j)J"O(h!\.1 J'll'-'dc~C' by !he:
hilfll-.1llJ~.'>J•)JJ of [JlJS' me~;~~{·

From: Brian Reynolds [mailto:[e-mail]]
Sent: Saturday, January 23, 2010 12:19 PM
To: Lupo, Anthony
Cc: [e-mail]; Taylor, Brewster; Panko, Ross
Subject: Re: Selling rights in "!BOOK"

Tony.
Thanks for getting back to me last night. I fear tl1at your suggested amount would barely cover
our costs to convert from ibook and re-establish a brand of equivalent strength.
On the other hand our registrations for ibook in the field of interactive electronic books in many
countries including the USA will provide a ready made strong branding which perfectly fits
Apple's reported new business activity of adding interactive value to electronic books in
association with publishers.

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APPLE-I BOOKS0022058

The further addition of the complete set of six ibook domain names adds a unique opportunity for
Apple's ibook business recognition, branding and access; my suggested figure can be justified by
the domain names alone.
The domains together with the trademarks present a unique and timely opportunity in which the
whole is also greater than the sum of the parts. Together with Apple's existing trademark rights,
purchase of our rights would permit unlimited and unchallengable use of the ibook trademark in
Apple's future product plans whatever direction they may move in.
I suggest that you and Brewster go ahead and prepare a contract and in parallel you set up a call
between myself and a principal at Apple to settle the price and terms.
Thanks, Brian.
---------- Forwarded message ---------From: Lupo, Anthony <[e-mail]>
Date: Fri, Jan 22,2010 at 11:01 PM
Subject: RE: Selling rights in "lliOOK"
To: Brian Reynolds <[e-mail]>
Cc: "[e-mail]" <[e-mail]>, "Taylor, Brewster"
<[e-mail]>, "Panko, Ross" <[e-mail]>
Brian
As we said
Thanks for your email. I spoke to Apple and they would agree to spend up to
the timing is very tight. Please let me know if this is acceptable and I can work with Brewster to finalize an
agreement on Monday.
Thanks
Anthony
Anthony V. Lupo
Partner
Arent Fox LLP I Attorneys at Law
1050 Connecticut Avenue, NW
Washington. DC 20036-5339
202.857.6353 DIRECT 202.857.6395 FAX
lupo [e-mail] I www arentfox com

I

CONFIDENTii\LrrY NOTICE: llti~ e-m:!i! tllld any ~tta..:chm~'lll~ ar-c- for rh::- \'J...:lu.~a·.: ~nd confidC'nlitd 11:-..:! of til:: i1l1.:mh:·d r.:-..:ipic:nt. !(you r..:..:\'i\'..:d
;hi.:;. in cnor. pk<l.i>! d-.\ 1:..~: l'l::a!. dt:;tri!mr\!". tlr t.1!c:: Jnion in rdi::.nC;.' tJt}<,.'!l !hi~ :n:·~~<lg..:. !n511!'t:d. pJ..:,;~..: !l·'tif; :~.; irr1m..:diii1...:l~' by r.:tum ~-·nMil ;:nd
prvmptJy dd..:t<'" thi,; me~Ht,g:~· and its :Hl:l.;hm<'"m~ fmm yvur ~\)!llJ'lltt'-1" sy~t~m. \Vc dv IWl V.:<li\·H .!ltorrmy-dwnt ...w \\ ()rh. pro<lu..:-l prl~ik·.~·~ h~· lht'
tr<lll'imi.~~ion

of 1hi:.

m~.~'>a;!t"

From: Brian Reynolds [mailto:[e-mail]
Sent: Friday, January 22, 2010 12:45 PM
To: Lupo, Anthony
Cc: [e-mail]; Taylor, Brewster; Panko, Ross

Subject: Re: Selling rights in "!BOOK''

Tony,
Thanks for the conversation. For a positive response today, we are willing to reduce our
expectation of an Apple offer price to
Brian.
---------- Forwarded message ---------From: Lupo, Anthony <Lupo.Anthony@arentfox,com>
Date: Fri, Jan 22,2010 at 11:40 AM
Subject: RE: Selling rights in "!BOOK"
To: "Susan.Mulholland@ gesmer .com" <Susan .Mulholland@ gesmer .com>
Cc: Brian Reynolds <[e-mail]>, "Taylor, Brewster" <[e-mail]>, "Panko,
Ross" <[e-mail]>
1 have a meeting at 12:30 but you can catch me on my cell
Anthony V. Lupo
Partner
Arent Fox LLP

I Attorneys at Law

RESTRICTED CONFIDENTIAL - OUTSIDE
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APPLE-I BOOKS0022059

1050 Connecticut Avenue, NW
Washington, DC 20036-5339
202.857.6353 DIRECT I 202.857.6395 FAX
[e-mail] 1 www.arentfox.com
<:oNl,.UJEI'\TJALITY ~0] lCI.:. l11h t<·m:Jil ,ll)!l any :~l!:<.:hm.:w::. ;m.· lor rh~· ..:-~du::.iw ~nd .:c•nft·knti.\1 \l~c oi tlw inh:n<kd n.:dpictlt. li y<•n r.;,;..:-iv.:J
!hi:- Ill ('rror. pk<~~¢ d0 r:\•1 r~ad, dr~trihme. or 1,1kt! llction ill rditU\t.l." urt,•ll ttu.-. we~~uge. In:-1.:-.nd, pk-1~¢ uvtif)o' ih imn<e<.llrHcl;r by re-:um ..:::-m<1il ;mJ
promptly dd..:t..::: thi~ me~~ag,_· and it.-. :11\J..;.hm~Jll~ fmm yom ..;.,•mp\ll.::r ~y:.t.::m. \\'.; du lhl\ w.ti\'<.: ,,unmcy d!L'Ill ul' \l<)rJ., pr.-du.:.r pt~vikg<..' h)· lilt.'
tr<IIISilli:.::t(Jn ,,j tb11> lll<:"-sJgo;.

From: [e-mail] [mailto:[e-mail]

Sent: Friday, January 22, 2010 11:15 AM
To: Lupo, Anthony
CC: Brian Reynolds; Taylor, Brewster; Panko, Ross
Subject: RE: Selling rights in "!BOOK"

I am on a conference call until 12:30 today.
Regards,
Susan M. Mulholland
Gesmer Updegrove LLP
40 Broad Street
Boston, MA 02109
Tel: [phone]
Fax: [phone]

"Lupo, Anthony"
<Lupo.Anthony@ ARE
NTFOX COM> To
Brian Reynolds <brinja@gmail com>
0 1/22/20 10 11 :09 cc
AM "Panko, Ross"
<panko ross@arentfox com>, "Taylor,
Brewster" <bta,[e-mail]>,
susan.mulholland
<[e-mail]>
Subject
RE: Selling rights in "ffiOOK"

11:30 I would be free (in 20 minutes). does that work
Anthony V. Lupo
Partner
Arent Fox LLP I Attorneys at Law
1050 Connecticut A venue, NW
Washington, DC 20036-5339
202.857.6353 DIRECT 1202.857.6395 FAX
lupo [e-mail] I www arentfox.com

CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you received
this in error, please do not read, distribute, or take action in reliance
upon this message. Instead, please notify us immediately by return e-mail

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APPLE-IBOOKS0022060

and promptly delete this message and its attachments from your computer
system. We do not waive attorney-client or work product privilege by the
transmission of this message.

From: Brian Reynolds [mailto:[e-mail]]
Sent: Friday, January 22,2010 11:06 AM
To: Lupo, Anthony
Cc: Panko, Ross; Taylor, Brewster; susan.mulholland
Subject: Re: Selling rights in "!BOOK"
We tried to reach you a little earlier and left a message. When is good?
On Thu, Jan 21, 2010 at 8:52PM, Lupo, Anthony <[e-mail]>
wrote:
Brian
I think it might make sense for us to spend a couple of minutes on the
phone to discuss this. Let me know if you and Brewster can speak
tomorrow morning EST.
Tony
Anthony V. Lupo
Partner
Arent Fox LLP I Attorneys at Law
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
202.857.6353 DIRECT I 202.857.6395 FAX
[e-mail] I www.arentfox.com

CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you received
this in error, please do not read, distribute, or take action in reliance
upon this message. Instead, please notify us immediately by return e-mail
and promptly delete this message and its attachments from your computer
system. We do not waive attorney-client or work product privilege by the
transmission of this message.

From: Brian Reynolds [mailto:[e-mail]]
Sent: Thursday, January 21,2010 4:10PM
To: Lupo, Anthony
Cc: Panko, Ross; Taylor, Brewster; susan.mulholland
Subject: Fwd: Selling rights in "lliOOK"
Hi Tony,
Family Systems did not sell any rights; Apple entered a coexistence
agreement with Family Systems which permits Apple to use the mark iBook
for the limited field of notebook computers and goods and services used
with the notebook computers excluding software.
There is no relationship between the price we agreed upon then for the
coexistence with Apple's use of its limited mark and a price now for
purchase of all our rights. Please also consider the value and strength
of the combined marks.
In relation to domain names, we note that~ sold last year for
and~ is now advertising itself for
We have the
benefit of the complete set of ibook.com, ibook.org, ibook.net,
i-book,com, i-book.org, i-book.net and you have said Apple wants them all
which together with the trademarks would create very strong branding.

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APPLE-IBOOKS0022061

At this point I suggest that you immediately set up a call between myself
and a principal of Apple to discuss price and terms. I am available
today and tomorrow.
Thanks, Brian.
On Wed, Jan 20,2010 at 5:44PM, Lupo, Anthony <[e-mail]
>wrote:
Brian
I spoke to Apple and they are willing to offer you
They
come to this number based on the fact that they purchased half of your
rights for
and then calculated inflation on that amount.
They are also willing to offer another

for the domain rights.

Please let me know your thoughts on this.
Tony
From: Brian Reynolds <[e-mail]>
To: Lupo, Anthony
Cc: Panko, Ross; Taylor, Brewster <[e-mail]>
Sent: Tue Jan 19 11:08:40 2010
Subject: Re: Selling rights in "!BOOK"
Tony,
We would like to see an offer from Apple. In my earlier emails to you I
have also requested a call with a principal of Apple and am waiting for
answers on several outstanding questions. We are in a position to move
very quickly once we have Apple's responses.
Thanks, Brian.
On Mon, Jan 18,2010 at 11:31 AM, Lupo, Anthony<
[e-mail]> wrote:
Brian
Thanks for your response. I am sure this is not in Apple's realm of
reality but I will pass it on to them. However, it might be helpful
to have a conversation with you and Brewster so I can better
understand how you came to the number you did.
Tony
Anthony V. Lupo
Partner
Arent Fox LLP I Attorneys at Law
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
202.857.6353 DIRECT I 202.857.6395 FAX
[e-mail] I www.arentfox.com

CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you
received this in error, please do not read, distribute, or take action
in reliance upon this message. Instead, please notify us immediately
by return e-mail and promptly delete this message and its attachments
from your computer system. We do not waive attorney-client or work
product privilege by the transmission of this message.

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From: Brian Reynolds [mailto:[e-mail]
Sent: Friday, January 15,2010 3:41 PM
To: Lupo, Anthony
Cc: Panko, Ross; Taylor, Brewster
Subject: Re: Selling rights in "ffiOOK"
Tony,
I would have preferred Apple to make us an offer, and without any
information as to Apple's intentions and timescales or any opportunity
to take advice, I can indicate that an offer of
would most
likely be accepted and include full transfer of rights and our
conversion costs.
Brian
On Fri, Jan 15,2010 at 3:25PM, Lupo, Anthony<
[e-mail]> wrote:
Brian
I think Apple would want all of these domains and any left over
trademark or trademark rights you have. I think they would likely
provide a link back to you for a period of time. As to timing, they
have expressed an interest now, and based on my experience working
with Apple we should try to move forward while they are interested.
As you know it took them a while to wake up to your first email.
Let me know what you think the price would be to assign these marks
and domains to Apple (not including the underlying technology or
programming).
Tony

Anthony V. Lupo
Partner
Arent Fox LLP I Attorneys at Law
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
202.857.6353 DIRECT I 202.857.6395 FAX
lupo.anthony@arentfox com I www.arentfox.com

CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you
received this in error, please do not read, distribute, or take
action in reliance upon this message. Instead, please notify us
immediately by return e-mail and promptly delete this message and its
attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.

From: Brian Reynolds [mailto:[e-mail]]
Sent: Friday, January 15,2010 11:24 AM
To: Lupo, Anthony
Cc: Panko, Ross; Taylor, Brewster
Subject: Re: Selling rights in "!BOOK"
Thanks Anthony,
Just to confirm, in addition to the !BOOK trademark registrations in
a good many countries, we have the following ibook domains with
renewal dates as shown.

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APPLE-I BOOKS0022063

IBOOK.COM 3/19/2010
IBOOK.NET 4/4/2010
IBOOK.ORG 4/5/2010
In addition, we have i-book domains; would Apple wish to include
these in the purchase or would we able to use them ourselves as a
replacement for ibook?
I-BOOK.COM 1/29/2010
I-BOOKNET 4/4/2010
I-BOOK.ORG 4/5/2010
What are Apple's timescales for signing, payment, giving up use of
sites, giving up email addresses?
Can there be a notice at ibook.com linking to our replacement site?
I am also awaiting your answer regarding any conflict with verbol and
voicechat.
Thanks, Brian.
---------- Forwarded message ---------From: Lupo, Anthony <[e-mail]>
Date: Thu, Jan 14, 2010 at 10:20 PM
Subject: RE: Selling rights in "IBOOK"
To: Brian Reynolds <[e-mail]>
Cc: "Panko, Ross" <[e-mail]>, "Taylor, Brewster" <
btaylor@stites .com>
Brian
thanks for the email. Apple is really only interested in the marks
and domains associated with !BOOK. they are not trying to purchase
any of the underlying goods or services that may be associated with
the mark or domain. I also doubt they would participate in any
product or service since I am not aware of them doing this in the
past. They would want to own the domains but I am sure they would
provide you with a period of time to have emails redirected to your
new site.
We do not have an idea what the value of the marks and domains are to
you so we thought you would be in the best position to tell us what
it would cost for you to move your goods and services to another
domain and mark. The website did not appear to be in heavy use. So
the facts you provided are helpful un understanding where you are
with your use.
I will check if they have any problem with the two names you
recommended.
Anthony V. Lupo
Partner
Arent Fox LLP I Attorneys at Law
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
202.857.6353 DIRECT I 202.857.6395 FAX
[e-mail] I www.arentfox.com

CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you
received this in error, please do not read, distribute, or take
action in reliance upon this message. Instead, please notify us
immediately by return e-mail and promptly delete this message and its
attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.

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From: Brian Reynolds [mailto:[e-mail]
Sent: Thursday, January 14,2010 1:49PM
To: Lupo, Anthony
Cc: Panko, Ross; Taylor, Brewster
Subject: Fwd: Selling rights in "ffiOOK"
Hi Tony,
Brewster suggested I contact you directly. When I reached out to
Ross Panko of your firm on 1st October 2008, Family Systems was at a
decision point as we were planning new products. We were not
shopping a portfolio and I reached out to Apple because we were
embarking on some ambitious product plans, Apple was no longer using
the iBook mark in any products and I wondered whether our planned
product introductions might possibly clash with Apple's possible
future use of the iBook mark.
In the absence of any response, we have continued use of our ibook
trademark and upgraded the ibook system V3 to the ibook Voice System
which we are in process of launching featuring VoiceChat; with our
demo site on voice.ibook.com.
We have created considerable additional investment and momentum
around the ibook voice system, are working with Google Wave as our
launch environment and are presently working toward a significant
milestone by the end of this month. As things have moved on, any
figure I may have had in mind would no longer be appropriate so would
you ask Apple to kindly make an offer please?
The ibook voice system is a very far reaching project as it
introduces a shared web accessible memory for voice conversations for
the first time in history with many compelling benefits so I have
been quite separately wondering whether Apple may have any interest
in participating in this project on a cooperative basis and would
appreciate an introduction.
At this moment, just prior to launch of the ibook Voice System, we
are just in time to rename the software and service if we act very
quickly.
I have discussed the possibilty with Brewster and alternative
trademarks are available for us to use such as "verbol" which is the
name of the language framework by which the ibook voice components
interact with the base ibook system, (which itself is an interactive
web site which responds to verbol commands to create and modify web
pages). We may also consider "VoiceChat" if other registrations do
not prevent this. Please confirm that there would be no collision
with Apple on these possible alternative trademarks for Family
Systems.
We are in heavy use of the ibook.com domain with several dozen sites
of which a dozen are currently active and public and would need to be
converted or Apple could enable redirects and not use those host
names itself. I assume our internal sites could retain their
existing ibook domain name on our internal network.
It was not clear from talking to Brewster which of Family Systems
ibook assets Apple are interested in. There are multiple domain
names and trademark registrations as well as software technology and
patents which reference ibook systems.
I would appreciate an indication of the extent of Apple's interest in
our ibook assets, and a rough timescale and price range from Apple's
perspective. Also if we proceed I would appreciate an introduction
to a principal of Apple Inc.
Thanks, Brian.
Brian Reynolds
Managing Director Family Systems

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---------- Forwarded message ---------From: Taylor, Brewster <[e-mail]>
Date: Wed, Jan 13,2010 at4:06 PM
Subject: FW: Selling rights in "!BOOK"
To: Brian Reynolds <[e-mail]>
Dear Brian:
See e-mail below from counsel for Apple. I am assuming that you
would be transferring all of the rights you have in "!BOOK", marks
and domain names. Do you have an idea as to your asking price?
Brewster

Brewster Taylor
Stites & Harbison, PLLC
1199 N. Fairfax Street
Suite 900
Alexandria, Virginia 22314
Direct dial [phone]
Fax [phone]
btaylor@stites .com
NOTICE: This message is intended only for the addressee and may
contain information that is privileged, confidential and/or attorney
work product. If you are not the intended recipient, do not read,
copy, retain or disseminate this message or any attachment. If you
have received this message in error, please call the sender
immediately at [phone] and delete all copies of the message
and any attachment. Neither the transmission of this message or any
attachment, nor any error in transmission or misdelivery shall
constitute waiver of any applicable legal privilege.

From: Lupo, Anthony [mailto:Lupo,Anthony@ARENTFQX COM]
Sent: Wednesday, January 13, 2010 4:03 PM
To: Taylor, Brewster
Subject: Re: Selling rights in "!BOOK"
Brewster
Your client had reached out some time ago to see if we were
interested. I thought they might have an idea of how much they wanted
since they were shooping the portfolio
From: Taylor, Brewster <[e-mail]>
To: Lupo, Anthony
Sent: Wed Jan 13 15:56:43 2010
Subject: Selling rights in "!BOOK"
Dear Tony:
Further to our telephone discussion, this will confirm that our
client will consider an offer for assignment of its rights in its
"!BOOK" marks and domain names. I look forward to hearing from you
further.
Regards,
Brewster

Brewster Taylor
Stites & Harbison, PLLC
1199 N. Fairfax Street
Suite 900
Alexandria, Virginia 22314
Direct dial [phone]
Fax [phone]
[e-mail]

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NOTICE: This message is intended only for the addressee and may
contain information that is privileged, confidential and/or attorney
work product. If you are not the intended recipient, do not read,
copy, retain or disseminate this message or any attachment. If you
have received this message in error, please call the sender
immediately at [phone] and delete all copies of the message
and any attachment. Neither the transmission of this message or any
attachment, nor any error in transmission or misdelivery shall
constitute waiver of any applicable legal privilege.

IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that, unless expressly stated
otherwise, any U.S. federal tax advice contained in this
communication (including any attachments) is not intended or written
to be used, and cannot be used, for the purpose of (i) avoiding
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Best wishes from Brian Reynolds
May good will enable us to improve what we can, endure what we cant,
converse with all who might help, so we cooperate in peace, and
assist those in need.
IRS Circular 230 disclosure: To ensure compliance with requirements
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to be used, and cannot be used, for the purpose of (i) avoiding
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addressed herein.

Best wishes from Brian Reynolds
May good will enable us to improve what we can, endure what we cant,
converse with all who might help, so we cooperate in peace, and
assist those in need.
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that, unless expressly stated
otherwise, any U.S. federal tax advice contained in this
communication (including any attachments) is not intended or written
to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed herein.

Best wishes from Brian Reynolds
May good will enable us to improve what we can, endure what we cant,
converse with all who might help, so we cooperate in peace, and assist
those in need.
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that, unless expressly stated
otherwise, any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the

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Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.

Best wishes from Brian Reynolds
May good will enable us to improve what we can, endure what we cant,
converse with all who might help, so we cooperate in peace, and assist
those in need.
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that, unless expressly stated
otherwise, any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.

Best wishes from Brian Reynolds
May good will enable us to improve what we can, endure what we cant,
converse with all who might help, so we cooperate in peace, and assist
those in need.

IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that, unless expressly stated
otherwise, any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.

Best wishes from Brian Reynolds
May good will enable us to improve what we can, endure what we cant,
converse with all who might help, so we cooperate in peace, and assist
those in need.
IRS Circular 230 disclosure: To ensure compliance with requirements imposed
by the IRS, we inform you that, unless expressly stated otherwise, any U.S.
federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or
(ii) promoting, marketing or recommending to another party any transaction
or matter addressed herein.

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IRS Circular 230 disclosure: To ensure compliance with requirornenls imposed by the IRS, we infonn you that, unless expressly stated
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Best wishes from Brian Reynolds
May good will enable us to improve what we can, endure what we cant, converse with all who
might help, so we cooperate in peace, and assist those in need.
IRS Circular 230 d1sclosure: To ensure comp!iar.ce with requirements imposed by the !RS. we infonn you 111flt. ~mle!'>s expressly statezt
otherwise. any U.S. federal lf"..X adv1ce contained 1n this communic~rion (mcluding any mtac.hmentsi IS not Intended orwril!er. to be used,
and cannot be use..i, for the pl1rpose of {i) avoiding penalties under the lntern;;~l Re ...enue Code or (ii} prom...)tlng. market1ng or
recorrunending to another p('lrty any transaction or matter :addres:'>ed herein.

Best wishes from Brian Reynolds
May good will enable us to improve what we can, endure what we cant, converse with all who
might help, so we cooperate in peace, and assist those in need.
IRS Cimular 230 disclosure: To ensure compliance with requiren1ents imposed by the IRS. we inf<Jrm YOll that. unless expressly st..1ted
otherwise. <.lny U.S. federal tax advice C()nl<.lined in this COITHnunic-<ltion (including any attachments) is not intended or written to be ugcd.
and cannot be used, for the purpose of {i) avoiding penalties under the lnlemai Revenue Code or (ii) promoting. marh.elin!=l or
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IRS CirClllc:tr 230 disclosure: To ensure cornpli<mce wilh requirements imposed by the IRS, we inform you that. unless expressly slated
<)\helwise. any U.S. federal tax advice contained in this COillrnunk:.:'ltion (including any attachments) is not intended or written to be used. and
cannot be used, for the purpose- of (i) av<Jidino penalties under the lntemal Revenue Code or {ii) promoting, marketing or recommending to
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