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)

EXHIBIT22

From:
To:

Brian Reynolds([e-mail])
Lupo, Anthony
Taylor, Brewster; Applefeld, Grace

CC:
BCC:

Subject:
Re: Agreement - Apple/Family Systems
Sent:
02/05/2010 12:19:06 AM 0000 (GMT)
Attachments:
Thanks Tony,
Brewster has informed us that he has completed the other actions and I have just completed the domain assignment process using
method 2 below.
This is with the proviso that I need to retain use of ibook.com through tomorrow evening as per the Agreement. The DNS records for
ibook.com are not with godaddy and so should continue even though the domain has already been transferred to Apple's Godaddy
account.
Best Wishes, Brian.
On Wed, Feb 3, 201 0 at 6:14 PM, Lupo, Anthony <[e-mail]> wrote:
' Brian and Brewster
Apple has wired the money to the Citibank account in New York
with instructions that the beneficiary is First Global
Bank Ltd. in Jamaica
i.n.o. Family Systems Limited). Please confirm that the payment has been received by Citibank.
posts in the Citibank account
As you know, the wire transfer will be considered to have been completed when the
36206959 (not in the Jamaican bank).
· We expect that you will be able to give us confirmation tomorrow so that we can then have the domains transferred. In this regard,
tomorrow we would like you to (i) send the executed assignments to me by email (ii) send the originals via overnight courier, (iii)
consent to the transfer of the domains. By this Friday we would expect you to phase out your use of IBOOK and the domain names .
. As to the transfer of IBOOK.COM, IBOOK.NET, IBOOK.ORG, I-BOOK. COM, 1-BOOK.NET, and 1-BOOK.ORG you need to do one of
, the following in order to effect the transfer of the domain names to Apple:

1.
Family Systems can unlock the domain names and provide us with the "auth code" for each domain name. Then, after
receiving emails from GoDaddy to approve the transfers, Family Systems should follow the listed steps to approve the transfers.
2.

Alternatively, Family Systems can visit GoDaddy.com and take these steps:
•
•
•
•
•
•
•
•
•
•
•

Log into "Account Manager" (using Family Systems' own login name and password).
In the "My Products" section, click "Domain Manager."
Use the check boxes to select the domain names to be transferred.
Click "Account Change."
In the field titled "New registrant's Customer# or login name," enter the following customer number:
In the fields titled "New registrant's email" and "Confirm email," enter the following email address:
Under "Domain's contact information," select the following option: "Use details from specified customer account."
Click "Next."
Agree to the "Domain Name Change Registrant Agreement."
Click "I understand that, if I want to transfer this domain .... "
Click "Finish."

Please let me know that you have received the payment and started the assignment process.
Tony

Anthony V. Lupo
Partner

RESTRICTED CONFIDENTIAL - OUTSIDE
COUNSEL ONLY - SUBJECT TO PROTECTIVE ORDER

APPLE-I BOOKS0023912

Arent Fox LLP i Attorneys at Law
1050 Connecticut Avenue, NW
Washington, DC 20036·5339
202.857.6353 DIRECT 202.857.6395 FAX
[e-mail] 1 www.arentfox.com

I

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 attac11ments 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: Wednesday, February 03, 2010 11:22 AM
To: Lupo, Anthony
Cc: Taylor, Brewster
Subject: Fwd: Agreement- Apple/Family Systems
Tony,
I note from the press that Apple's use of the IBOOK mark in the field of interactive electronic books has been well accepted. Family
Systems is proceeding with our transition to the Verbol trademark.
I expected Family Systems would have been paid by now and I am very concerned about hearing nothing about Apple's payment
intention. As I understand it Apple was to pay very quickly but allowed up to 10 business days from 26th Jan. Tomorrow will be
business day 7 so there will then be only 3 days left prior to default which I would take very seriously.
As payment has not happened and there has been no communication in respect of it, I request immediate contact with an officer of
Apple responsible for making payment to ensure that the payment instructions are carried out correctly and so we can plan on a
definite date for the transfer. I would like that to be this week.
I would appreciate it if you would address these issues immediately.
Thanks, Brian.
---------- Forwarded message ---------From: Lupo, Anthony <[e-mail]>
Date: Sat, Jan 30, 2010 at 9:34 AM
Subject: Re: Agreement - Apple/Family Systems
To: "[e-mail]" <[e-mail]>
Cc: "[e-mail]" <[e-mail]>

Brewster
I know everything has been submitted to accounting. I will try to find out where everything is on monday

From: Taylor, Brewster <[e-mail]>
. To: Lupo, Anthony
: Cc: Brian Reynolds <[e-mail]>
Sent: Fri Jan 29 12:50:34 2010

Subject: RE: Agreement- Apple/Family Systems
:Tony
; Thanks for the fully executed Agreement. Do you have an idea when the wire transfer will be made?
Brewster

Brewster Taylor

RESTRICTED CONFIDENTIAL- OUTSIDE
COUNSEL ONLY- SUBJECT TO PROTECTIVE ORDER

APPLE-IBOOKS0023913

Stites & Harbison, PLLC
1199 N. Fairfax Street
Suite 900
: Alexandria, Virginia 22314
Direct dial [phone]
Fax [phone]
[e-mail]
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 (703) 739·4900 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:[e-mail]]
Sent: Wednesday, January 27, 2010 9:19PM
To: Taylor, Brewster
Cc: Brian Reynolds
Subject: RE: Agreement - Apple/Family Systems
Brewster
• Attached is the agreement executed by Apple.
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

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: Taylor, Brewster [mailto:[e-mail]]
Sent: Wednesday, January 27, 2010 2:00 PM
, To: Lupo, Anthony
Cc: Brian Reynolds
Subject: Agreement - Apple/Family Systems
TonyAttached is a copy of the executed Agreement. Please have a copy executed on behalf of Apple and returned to us.
· We will send duplicate original signed copies for execution by mail shortly, and I look forward to receipt of the e-mail confirmation
that the wire transfer process has been initiated.
Brewster

Brewster Taylor
Stites & Harbison, PLLC

RESTRICTED CONFIDENTIAL- OUTSIDE
COUNSEL ONLY - SUBJECT TO PROTECTIVE ORDER

APPLE-I BOOKS0023914

1199 N. Fairfax Street
Suite 900
Alexandria, Virginia 22314
Direct dial [phone]
Fax [phone]
i [e-mail]
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 (703) 739·4900 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 intorm 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.

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 attactm1ents) 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.

RESTRICTED CONFIDENTIAL- OUTSIDE
COUNSEL ONLY - SUBJECT TO PROTECTIVE ORDER

APPLE-IBOOKS0023915