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 17

From:
To:

CC:
BCC:
Subject:
Sent:
Attachments:

Brian Reynolds([e-mail])
Lupo, Anthony
[e-mail]; Taylor, Brewster; Panko, Ross
Re: Selling rights in "IBOOK"
01/24/2010 05:13:29 AM 0000 (GMT)

Tony,
As I understand it we have active registrations in 24 countries and there should be no problem in adding the countries not presently registered.
It would not make sense to keep the domains without the trademarks; it would be expected for Apple to redirect the domains to an Apple.com location and so the ibook
domains would still drive traffic to Apple.
I suggest we close at
Thanks, Brian.
On Sat, Jan 23, 2010 at 5:57 PM, Lupo, Anthony <[e-mail]> wrote:
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 with 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
points in mind:

offer that I made last night, please email me your counteroffer today. In making a counteroffer, please keep the following

• 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 Community, 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] 1 www.arentfox.com

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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: 5elling rights in "IBOOK"
Tony,
Thanks for getting back to me last night. I fear that 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.
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.

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