Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1192882
`
`Filing date:
`
`02/24/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91242213
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Audemars Piguet Holding S.A.
`
`JOHN A GALBREATH
`GALBREATH LAW OFFICES PC
`2516 CHESTNUT WOODS CT
`REISTERSTOWN, MD 21136
`UNITED STATES
`Primary email: jgalbreath@galbreath-law.com
`Secondary email(s): jgalbreath@verizon.net
`410-628-7770
`
`Testimony For Plaintiff
`
`John A. Galbreath
`
`jgalbreath@galbreath-law.com, jgalbreath@verizon.net
`
`/John A. Galbreath/
`
`02/24/2022
`
`Exhibits 118-128-Morellon Declaration.pdf(4909133 bytes )
`Exhibits 129-139-Morellon Declaration.pdf(4938121 bytes )
`Exhibits 140-145-Morellon Declaration.pdf(3997301 bytes )
`Exhibits 146-158-Morellon Declaration.pdf(4808517 bytes )
`Exhibits 159-170-Morellon Declaration.pdf(4443930 bytes )
`Exhibits 171-181-Morellon Declaration.pdf(4989018 bytes )
`Exhibits 182-192-Morellon Declaration.pdf(4349974 bytes )
`Exhibits 193-204-Morellon Declaration.pdf(5175423 bytes )
`Exhibits 205-213-Morellon Declaration.pdf(5038784 bytes )
`Exhibits 214-223-Morellon Declaration.pdf(5072667 bytes )
`Exhibits 224-236-Morellon Declaration.pdf(4692876 bytes )
`
`

`

`ett
`
`MAY14, 2007
`
`ae Pal NYTee
`relSg re Rock
`
`bY
`
`

`

`
`genres. May 14; LCD Soundsystem, the
`of the proud music geek James Murphy,
`fies in surprisingly tender, hip-shaking rocle.
`
`
`
`JAZZ AND STANDARDS
`
`
`LOUISVUITTON.
`
`
`
`
`
` Zippy wallet in Monogram canvas
`
`MAOyALGWATS AUDEMARS FIGUET
`
`BIRDLAND
`315 W. 44th Se. (212-581-3080\—The efferves-
`cent singer Karrin Allyson staps by May9-12.
`Her album “Footprints,” from last year, sets lyr
`ics to classic jazz instrumentals.
`CARLYLE HOTEL
`Madison Ave. at 76th St. (212-744-1600}—
`Through May 2é: [f John Pizzarelli and Jessica
`Molen whoare married, weren't so musically
`adept—she's a temperatesinger, he’s a swinging
`vocalist and accomplished guitarist—thecouple
`would tip the cuteness seale into the danger zone.
`In performance they are aslistenable as they are
`likeable, which is a testament to cheir skills.
`DIZZY'S CLUB COCA-COLA
`Broadway at 60th St: (212-258-9595|—May &-
`1a; Grand Reunion, All the members of this
`band—the pianist Marcus Roberts, the saxophon-
`ist Todd Williams, the drummer Herlin Riley, and
`the bassist Reginald Veal—are-zlumniof the early
`ensembles that brought the trumpeter Wynton
`Marsalis fame and fortune. And who knows
`whether or not Marsalis will shaw up; this club
`is a part of Jazz at Lincoln Center, the house he
`built, after all,
`“HIGHLIGHTS IN JAZZ"
`May 1(l; Four decades after she and her then-
`husband Louis Prima ruled the Vegas clubs, Keely
`Smith is experiencing a new heyday. Her hipster
`status is as solid as her quick wit, but ker talent
`asa mainstream vocalist remains her key selling
`point. (Tribeca Performing Arts Cenrer, 199 Cham-
`bers St. 212-220-1460.)
`IRIDIUM
`1650 Broadway, at Sisr St. (212-582-2121i—
`May 16-13; The members of the Four Genera-
`tions of Miles band—Mike Stern, George Cole-
`man, Buster Williams, and Jimmy Cobb—may
`never have actually
`played together in Davis's
`groups, bur they all
`share modal-bop agility and
`a lingering love for the Master's music. Mondays
`belong to the electric-guitar innovator Les Paul.
`The Mingus Big Band takes over on Tuesdays,
`JAZZ AT LINCOLN CENTER
`Broadwayat 6Qth St, (2 12-721-6500)—May 11;
`A tribute to Miles Davis's bebop and col ‘peri-
`ods, featuring the trumperers Ryan Kisor and Ter-
`ence Blanchard and their quintets, is a
`guaran-
`teed crowd-pleaser. The following night Feshares
`a riskier bill as the trumpeter Nicholas Payton and
`the electric bassist Marcus Miller tackle Davis's
`plugeed-in later decades,
`JAZZ STANDARD
`116 E, 27th St. (212-576-2232)—May 8-9: The
`Israeli-born saxophonist and clarinet player Anat
`Cohen. The first of two shaweasenights presents
`a big band; the second features a double quarter
`fusing Cohen’s four-piece jazz band with a string
`guarter, May 10-13: The highly touted singer
`Kate MeGarrylacks grit, but her musical instiners
`and taste in supporting musicians are sure; her
`band includes the saxophonist Donny MeCaslin
`and the drummer Gregory Hutchinson.
`RUBIN MUSEUM OF ART
`150 W. 17th St. (212-620-5000, ext. 344)—May
`11: The Execution Quintet brings together twa
`members of Dave Holland’s big band—the trom-
`bonist Josh Roseman and the rrumpeter Alex Sipi-
`agin. Myron Walden, on alta saxophone, Peter
`Apfelbaum, on keyboards, Justin Brown, on
`drums, round out the greup.
`VILLAGE VANGUARD
`178 Seventh Ave. $., at 11th St, (212-255-4037)—
`May 8-13: The Fred Hersch trio. The pianist has
`feund musical soul mates in the empathetic bass-
`and-drum teamof Drew Gress and Nasheet Waits.
`Proof of their unity can be found on the new
`album, “Night and the Music,” and their bond
`will certainly be in evidence here. The Vanguard
`Jazz Orchestra holds sway on Mondays,
`
`
`
`
`
`
`
`
`
`
`
`Sold exclusively in Louis Vuitton slores. 269.VUITION www.louigvultton.com
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`Patricia Marx
`
`EXHIBIT 119
`
`hiea.Sel
`
`THE WORLD’S MOST
`BAFFLING TRIBE
`John Colapinto
`| COMMUTES FROM HELL
`Nick Paumgarten
`RAILROADING TIBET
`Pankaj Mishra
`MY FIRST PASSPORT
`Orhan Pamuk
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`000886
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`
`
`
`thar Noah excluded trom the ark. The dominant
`
`mode is whimsical: broadly comic spoken scenes
`between a fatucus Noah and his loopy wife, cle
`gantly dancing fish-peaple, and lots of low-tech
`theatrical magic (puppets, scrims), all set to Klezmer
`music. Yet
`a sense of losy seeps through. and celic-
`ita a sympathy with those condemned to extine-
`tion, (Dance New Amsterdam, 280 Broadway, at
`Chambers St. 212-279-4200. April 12-14 ar 8 and
`April 15 at
`3.)
`;
`"LE PETIT MORT/ HOW IT'S TIME
`TO SAY GOODBYE"
`Last December, Palissimo’s run at PS. 122 was cur-
`tailed when one of the performers (Saar Harari) se-
`
`riously injured his kawe curing
`particularly phys-
`
`ical duet. Harari’ has recovered fram surgery, and
`the multinational company,
`led by Pavel Zustiak,
`reintroduces this piece, which is about “saying good-
`bye to things” in everyday life, from the trivial to
`the devastatiny, The dancing is accompanied by an
`oxhilit of works by the Spanish photographer Jos¢
`
`Aragon and a video montage by Tal Yarden. (150
`Tiese Ave., at 9th St. 212-352-3101. April 12-13 at
`8, Apeil 14 at 4 and 8, and April 15 at 4.)
`AMANDA LOULAKI AND
`SHORT MEAN LADY
`Danspace Project presents Loulaki's “Delirium, or
`That Taste in My Mouth,” which attenipts ta’ ac-
`cess unconscious Movement throughfree-associative
`structures—a cerebral method for cutting the cere-
`heum our of the mind-boxly connection, (St, Mark’s
`In-the-Bowery, Second. Ave, ar 10th: Se. 212-674
`4194, April 12-15 at &: 40.)
`EIPMAM GALLET OF ST. PETERSBURG
`for thirty years, the Siberian-horn Boris Eifman has
`specialized in emotionally ripe, extreme, and theatci-
`cally adventurous dance dramas, as well asthe odd
`farce, usually based onliterary masterpicces, such as
`“Don Quixote” (which heset in a mental asylum).
`At City Center bis companywill be performing “Red
`Giselle” (based on thelife and wlimate mental break-
`down of the legendary ballerina Olga Spessivtseva)
`andl peinterpretations of “Harnlet,* “Anna Karenina,”
`
`and Eifinan’s newest evening-length ballet, “The
`
`Seagull.” The opening-right pela
`will
`inchide a series
`of excerpts (and a shore work set to Pink Floyd), as
`well as the world premiére of
`4 ballet by the young
`Rtussian ehoreagraphier Nikita Drninievsky, “Cassan-
`lea” (191 We SSth St.
`212-981-1212. Gala: April 13
`
`at &, “Red Giselle”:
`April 14 ac 2 and 9 and April
`
`1$ at 2. Through April 2%)
`"WORKS & PROCESS"
`American Ballet Theatreoffers a peek at its upeom-
`ing, production of the beloved ‘Tehaikovsky/Fenpa
`baller “The Sleeping Beauty,” whieh wall be unveiled
`
`this spring, with the
`noraus Veronika Par and
`Marcelo Gomes in the lead roles on opening night.
`Excerpts, iricluding the
`great high-wire act the “Rose
`Adajio” and the tholling “TMlue Bird ‘Van iation,” will
`be performed by trina Dvorovenko and Maria Ric-
`cetto, followed by a diseussion withirs creators; the
`company’s artiste direeror, Kevin McKenzie, the for-
`mer City Ballet ballerina Gelwey Kirkland, and Kirk-
`land's husband and collaborator, Misha Chernov.
`(Guggenheim Museum, Vitth Ave. at 89th St. 212-
`423-3587, April 15-16 at 7:30.)
`LES BALLETS GRANDIVA
`This allanale comedy ballet troupe, nineteen scrong,
`ponerally suffers from comparison with the morefa-
`
`mous and technically
`proheient Kallets Trockadero
`
`de Monte Carlo in all measures except cast size, A
`chance far distinction comes with “They Who Wore
`White Flowers,”
`a newTudor parody by Brian Reeder,
`who has recenth: shown a gift
`foe comedy: Allen Den-
`iis celebrates twenty-five years as Karina, with his
`undying “Dving Swan.” (SymphonySpace, Broadway
`at 5th St. 212-864-8400. April 16-17 at 8.)
`
`CLASSICAL MUSIC
`OPERA
`
`METROPOLITAN OPERA
`The revival of Giordano’s “Andrea Chénier,” one of
`the more dignified of the great verismofavorites, fea-
`ures the estimable Then Heppner, Violeca Urmana,
`and Mark Doluvanin the leading roles. Sharon Thomas
`
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`EXHIBIT 127
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`we Page1
`
`INVOICE
`
`AUDEMARS PIGUET
`135 E S7TH ST
`25TH FLOOR
`NEW YORK, NY 10022
`Se
`Current
`Billing
`
`Invoice No: 65546
`Date: February 10, 2009
`
`CONSUMER MAGAZINE
`
`028301
`
`Vendor: BARRONS MAGAZINE
`Space: Half Page
`Color; Black and White
`Issue: WK OF 1/5
`1§2025T
`
`1 time, 01/05/2009
`
`028309
`
`Vendor: BARRONS MAGAZINE
`Space: QUARTER PAGE
`Calor: Black and White
`Issue! WK OF 1/12
`259405K
`
`1 time, 01/42/2009
`
`028499
`
`Vendor’ BARRONS MAGAZINE
`Space: Half Page
`Color: Black and White
`Issue: WK OF 1/19
`16202ST
`
`1 time, 01/19/2009
`
`028500
`
`Vendor, BARRONS MAGAZINE
`Space: Half Page
`Color; Black and White
`Issue: WK OF 1/26
`25940SK
`1 time, 01/26/2009
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`CONTINUED ON NEXT PAGE
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`2,500.00
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`2,500.00
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`2,500.00
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`2,500.00
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`SUBTOTAL
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`10,000.00
`
`
`
`

`

`Page 2
`
`INVOICE
`
`AUDEMARS PIGUET
`Invoice No: 65546
`
`Current
`Billing
`
`Agency Commission
`
`TOTAL
`
`1,000.00
`
`$11,000.00
`
`TOTAL AMOUNT DUE -- UPON RECEIPT
`
`$11,000.00
`
`
`
`

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`
`| Oracle’s deal for Sun
`showsindustry in flux
`
`EXHIBIT128
`
`HE ASSOCIATEDPRESS
`
`5
`JACQUES B
`the World Digital Library on Tuesdayin Paris. The new library will drawon material from 30 national libraries and other institutions.
`.
`|
`
`rary spans ages and continents
`-—
`a from theproject.
`archivecultural material.
`I
`“This is Not something that’s deter.
`
`The European Commission, for ex
`
`|
`
`|
`|
`
`SAN FRANCISCO
`
`Corporate customers
`want a one-stop shopfor
`_ hardware and software
`
`BYASHLEE VANCE
`
`former I.B.M. and Sun executive who
`runs Log Logic, a start-up.
`For example, Rackable Systems, a
`smaller maker of server computers, an-
`nounced plans this month to buySilicon
`Graphics fur $25 million. Like Sun, Silic-
`on Graphics started in 1982, and it was
`one of the fastest-growing husinesses in
`the United States durinip Its heyday.
`AS the computer business has ma-
`tured,
`companies
`products for
`top performance face a
`harsh reality: Standard equipment can
`now handle most business lasks, and
`What matters most to customers nowis
`large scale — and the low prices thal
`comie with it.
`Overthe past decade, H.P. has driven
`much af the consolidation through a
`Scries of large acquisitions. It bought
`Compaq Computer in 2001, which af-
`fected both the PC and server markers
`as other companics fought
`and match H.P.'s reach. For example,
`the Chinese computer maker Lenuyo
`bought 1.B.M.'s PC business, and Acer,
`based in Taiwan, acquired Gateway,
`which had already acquired eMachines.
`Last year, H.P, purchased Electronic
`Data Systems, one of the largest tach-
`nology services companies, in a bid to
`counter L.B.M.’s immense services or-
`Banization,
`The
`threatened the businesses of Sun and
`Cisco Systems, which have sold large
`amounts of equipment ta customers of
`Electronic Data Systems,
`Must recently, the largest technology
`companies have decided to encroach on
`one another's turf, For example, HP.
`has increased its investment
`
`Mast consumers do nat wantto getaPC
`by purchasing microprocessors, hard
`drives and operating system software
`fromdifferent suppliers and assembling
`themall into a working computer. They
`prefer to buy a complete, customized
`machine from ane supplier.
`increasingly
`Curpurate
`customers
`want the same thing: a one-stop shop
`for hardware, software and services,
`And the largest technology companies
`are deploying their huge cash hoards to
`make acquisitions to balster their ability
`to be that single provider.
`That trend drove Oracle, a leader in
`| business software, to announce Monday
`that it Was spending $7.4 billion to buy
`an ailing Sun Microsystems and get into
`the computer hardware business. Or-
`acle beat out International Business
`Machines, which considered buying
`Sun to enhanceits own software offer-
`ings butendedserious acquisition talks
`about two weeks ago.
`“Oracle will be the only company that
`Can engineer an integrated system — ap-
`oye
`plications1 disk — where all the pieces
`fitand work together socustomers do not
`have to du it themselves,” said Oracle’s
`chief executive, Lawrence J, Ellison.
`The drive te consolidate has madelife
`diffiesdt far nrieanains iia
`
`

`

`AUDEMARSPIGUET
`
`storage and services camipanies.
`Le maitre de V’horlogerie depuis 1875
`
`AUDEMARS PIGUET, LE BRASSUS (VALLEE DE JOUX), SWITZERLAND
`TEL. +41 21 845 14 00 - www.audemarspiguet.com
`
`ai
`
`7? ¥ OF
`
`
`
`| |
`
`showed there were functions very few |
`The New York Times has won five
`people had discovered deep in the
`menus and toolbars in Office.
`Pulitzer Prizes in journalism forits 2008,
`More research and testing yielded a
`while the prestigious prize for public
`Solution:
`the ribbon, which displayed | service went to The Las Vegas Sun for
`different commands depending on what
`its exploration of a large numberof con-
`struction worker deaths at some of that
`the PC user was doing. Then Ms. Lar-
`son-Green pushed Microsoft ta get even
`city’s biggest buildingsites.
`more radical:
`to release Office 2007 |
`The only other paper to capture mul-
`without the hedge of a ‘classic mode"
`tiple prizes, The St. Petersburg Times in
`that would emulate the old look and feel
`Florida, wan two — one in the national
`for people who did notlike the changes.
`reporting category for
`its PolitiFact
`It worked. Just as Vista was a magnet
`project, which checkspolitical claims.
`for complaints, Office 2007 won accalades
`The Times wonthe prize for breaking
`from softwarecritics and regular users.
`newsreporting for its coverage of thedis-
`Her reward? The assignment to help
`integration of the political career of Eliot
`fix Windows. When Steven Sinofsky was
`Spitzer, who was governor of New York
`lapped to lead the Windowsdivision, he
`State. when the newspaper revealed he
`drafted Ms. Larson-Green to come along,
`had beena client of a prostitution ring.
`in anew position created for her. As she
`The Times's coverage of the war and
`did with Office, Ms. Larsan-Green sought
`political struggle in Afghanistan and Pa-
`insights in a daunting massof data,
`kistan won for international reporting.
`Vista was the first version of Windows
`And an examination by David Barstaw
`to include the remate-tracking software
`of conflicts of interest among the mili-
`that had helped Microsoft hone Office,
`tary analysts who help Americantelevi-
`and nearly 11 million Vista users had let
`sion networks cover the wars in Asia
`their PC activilies be logged. Ms. Larson-
`won the Pulitzer for investigative re-
`porting.
`Green’s team also surveyed more than
`swering customer support calls at Al-
`Holland Catter of ‘The Times won the
`250,000 people around the world and
`dus, a pioneering software company in
`showed other users prototypes, sume as
`prize for criticism, and Damon Winter
`Seattle. During six years at Aldus, Ms.
`simple as sketches on paper. From these
`wonforfeature photography, for his im-
`Larson-Green worked her way into soft-
`billions of data points emerged big ideas
`ages of Barack Obama's presidential
`ware development and earned a mas-
`campaign.
`that got boiled down to eight design prin-
`ter's degree in computer science on the
`ciples. Ms. Larson-Green had them prin-
`In arts and Jetters, Elizabeth Strout
`side. But she credits her waitressing
`ted on folded slips of paper as reminders
`won the fiction prize for her book,
`and customer-service work for making
`for everyone in the group.
`| “Olive Kitteridge.”” Lynn Nattage won
`her gond at her current job.
`‘Some people are great at having |
`the dramaprize for “Ruined.’’ The po-
`“The primary things that help you
`ideas, and no discipline,” Microsaft’s
`etry prize went to W.S, Merwin for ‘The
`ShadowolSirius.”’
`chicf executive, Steven A. Ballmer,said,
`create a good user experience are em-
`pathy, and being able to put yourself in
`Jon Meacham, editor of Newsweek
`“Some people are great at discipline,
`the place of people who are using the
`nol much at ideas. She’s got both of
`magazine, won the biography prize for
`products," she said. “User interface is
`“American Lion: Andrew Jackson in
`those genes."
`custamerservice for the computer.”
`Ms, Larson-Green is already planning
`the White House.” The history prize
`For years Microsoft had tested soft-
`went to Annette Gordon-Reed,for “The
`Windows8, as Microsoft’s marketing
`ware with focus groups and gathered
`machine will pore overpiles of charts to
`Hemingses of Monticello: An American
`decide whether Windows7is a success.
`ghtms
`camments and complaints from cus-
`Family." And Douglas A. Blackmon
`tomers. But around the time Ms. Lar-
`Ms. Larson-Green says her measure
`|
`took the prize for general nonfiction,for
`of
`will be the conversations she overhears
`son-Green joined the Office team, Mi-
`“Slavery by Another Name: The Re-
`‘in-
`crosoft was trying amore precise way of
`Enslavement af Black Americans from
`and the comments posted by bloggers.
`rd-
`garnering feedback. By deploying spe-
`“T think peaple are going tolikeit,”
`the Civil War to World WarII.”
`cp
`she said. Her Voice rose a few notes
`cial software — with user permission —
`The composer Steve Reich won the
`|
`on computers running Office programs,
`whenshe added, “I hope so.”
`| prize in music,for “Double Sextet.”
`
`clicking on shortcuts from the desktop,
`lask bar or Start menu; by responding to
`notifications that pap up uninvited from
`the boltam-right corner of the screen; or
`by poking around in acontrol panel.
`Ms. Larson-Green,
`a 16-year Mi-
`crosolt veleran, waited tables to put
`herself through Western Washington
`University, then took a job in 1987 an-
`
`
`
`TEP S. WARREN/AP
`
`Julie Larson-Greenis already planning
`the next operating system, Windows&.
`
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`

`

`EXHIBIT129
`
`Nn
`
`An album
`
`
`NEW YORK ~
`
`‘|Dreamed a Dream’
`sets records for CD sales,
`bucking download trend
`| BY BEN SISARIO
`
`Id give
`'b sites
`nloads
`
`1aS proposed
`digital piracy
`ie bill has up-
`vf the debate
`‘right owners
`nd
`Internet
`t as heavy-
`
`is week,calls
`government-
`th the power
`yn Websites
`for piracy.
`law recently
`t which indi-
`mioad copy-
`2 their Inter-
`
`|
`
`For most of Susan Boyle's fans, buying
`her new album last week meant getting
`ashrink-wrapped CD,not a download.
`Ms. Boyle’s album, “I Dreamed a
`Dream,’
`sold 701,000 copies
`in the
`United States, according to Nielsen
`SoundScan, the biggest opening-week
`sales for any album this year, eclipsing
`Superstars like Eminem and U2, and the
`best
`for a debut artist since Snoop
`Doge's “Dugeystyle” in 1993.
`Only 6 percent of the sales for “I
`Dreamed a Dream’ were digital down-
`loads, far belowthe industry’s overall
`ratio of physical to digital sales.
`For many in the music industry Ms.
`Boyle’s sales are a reminderof a large
`and often forgotten audience: older
`listeners who, whether they are less
`tech-savvy than younger consumers or
`they simply prefer to hold purchases in
`their hands, favor CDs over downloads.
`“The reason that this record really
`ies and other
`did what it did?’ Steve Barnett, chair-
`: government
`man of Columbia Records, said by tele-
`+ do not think
`phone Wednesday, “was that people
`) sites can be
`Wanted to get it and own it, to feel like
`they're a partofit.”
`3enoit, man- |
`Music Spain.
`At Hastings Entertainment, which
`ws have also | operates 154 large music and media
`jovermment’s
`stores throughout the United States, “I
`
`
`
`FRIDAY, DECEMBER 4, 2009 | £@
`
`adult buyers wantto hold
`
`
`fe
`
`
`A YouTube clip of that performance
`became an instant phenomenon. Ac-
`carding to Visible Measures, a U.S. com-
`pany that computes viewershipof Inter-
`net videos,
`it has been watched 310
`million times in all of its forms,
`But as a woman of modest and un-
`fashionable means who rose to a star-
`dom she was not prepared for, Ms.
`Boyle, who still lives in her family home
`in tiny Blackburn, Scotland, has what
`most YouTube sensations lack: a com-
`pelling story. That, along with her ar-
`resting voice, has given her lasting ap-
`peal,
`said Melissa Lonner,
`senior
`producer at NBC’s ‘‘Today”’ show, on
`which Boyle performed in Novemher.
`“She is the perfect Cinderella story,’
`Ms. Lonner said. “She connects with
`the public and crosses vyer so many so-
`cioeconomic platforms. And she made a
`great record with songs thal everyone
`knows and canrelate to.” In addition to
`“| Dreamed a Dream,’ the albumin-
`cludes the hymns “How Great Thou
`Art” and “Amazing Grace” and covers
`of
`songs
`by
`the Rolling Stones,
`Madonna and the Monkees.
`As recently as three years ago, CDs —
`which are more profitable for record la-
`bels than downloads — accounted for 94
`percent af the market. But by the middle
`of this year that share had slipped to
`about 77 percent.
`The previous week’s No. 1 release,
`John Mayer’s “Battle Studies," sold a
`notable 45 percentof its opening-week |
`286,000 copies digitally.
`To reach a primarily CD-buying audi-
`ence, Columbia sald the album through
`Many nontraditional retailers, like QVC,
`
`|
`
`Germany
`told to share
`fast telecom
`network
`
`BERLIN
`
`Courtcriticizes ‘holiday’
`given to monopoly from
`rules on access for rivals
`
`BY KEVIN J. O'BRIEN
`
`The top European court overruled
`Thursday an attempt by German regu-
`lators ta allaw Deutsche Telekom, the
`former state-run phone monopoly,
`bar competitors from having access to
`its new high-speed broadband network.
`The European Courtof Justice in Lux-
`embourg sided with the European Com-
`mission, which had sucd Germany over
`a
`2006 national
`Deutsche Telekom a “holiday” from
`E.U._ regulations for its €3 billion, or $4.5
`billion, fiber-optic network.
`The commission, which had criticized
`the German regulator, the Bundesnetza-
`gentur, for endorsing the exemption,
`called the court's decision anaffirmation
`that regulatory ‘‘holidays” wereillegal.
`“This judgment is an important pre-
`cedent
`for telecom regulation across
`Eurupe,” the cornmission suid in a state-
`ment,
`‘'The judgment will help the
`European Commission and national
`
`

`

`Samsung in flat-pancltelevisions, while
`the popular Wii game cunsole from Nin-
`isiness,
`tendo has trumped the PlayStation 4.
`Sony
`collec-
`The new Sony Online Service, Mr.
`Stringer says, will give a lift to the com-
`its pap-
`ith the
`pany’s products across the board.
`rtion of
`The service builds on Sony’s PlaySta-
`
`
`has taken so long. Since the mid-1990s,
`Sony has proclaimed the benefits of
`matching its content and hardware. But
`hickering between its engineers and
`software programmers, as well
`as
`clunky software linking the two, has
`
`eras, and downloadthe clips.to their Sony
`televisions, mubile phones or Walkmans,
`But the Japan-anly site failed to catch
`on, with a just one million unique visitors
`amonth. When Sonytrarisferredthe site
`to Sprasia, a startup based in Tokyo, a
`
`ains NBC,reshaping entertainmentindustry
`
`Vivendi. Vivendi will receive about $5.8
`billion for its stake,
`Jeff Zucker, the current head of NBC
`Universal, will stay an as chief executive
`and will report to the chief operating of-
`ficer of Comeast, Steve Burke. Ina state-
`ment from the companies Thursday, Mr.
`Zucker called the deal the “start of a
`new era” for NBC.
`The deal could take up ta 18 monthsto
`pass regulatory muster. Although Com-
`cast is bused in Philadelphia, NBC's
`headquarters will remain in NewYork,
`the juint release said.
`7
`Mast of NBC’s valueis in its lucrative
`cable channels — USA, Bravo, SyFy,
`CNBC and MSNEC. The NBC network
`
` =
`
`MINH VONG/THE NYT
`
`and Universal Studios will generate
`only a small portion of the joint ven-
`ture's cash flow.
`In some respects, G.E’s decision to
`sell reflects the deteriorating state of
`the broadcast television industry, and a
`desire to exit a business that never quite
`fit well withits industrial side.
`Mr. Roberts, the Comcast chief execu-
`tive,
`failed in 2004 with a hostile
`takeoverbid for Walt Disney. Since then,
`I = atalen im
`the company has taken a less ambitious
`
`in September, G.E. and Comcast signed
`a standstill agreement, which effective-
`ly blocked other bidders fram entering
`the fray. Previously, G.E. had sought to
`entice Time Warner. More recently
`Rupert Murdoch, who controls News
`Corp., considered making an offer for
`NBC Universal.
`The deal was along time in the making
`and wasfilled with meetings at the Four
`Seasons hote! in Philadelphia, in New
`York City apartments and on helicopter
`rides, [L also featured code names: G.E.
`was Green, NBC was Navy, Vivendi was
`Violet and Comeast was Crimson,
`More than a half-dozen executives in-
`volved in those discussions, speaking on
`the condition of anonymity because the
`deal had yet to be formally announced
`and because the negotiations were confi-
`dential, helped reconstruct aneurly year-
`long dance between G.E. and Comcast.
`Ralph J, Roberts, the 89-year-old co-
`founder of Comcast, had long wanted to
`control not just the pipes into people's
`homes but
`the television shows and
`mavies that flow through them. But
`since the failure of the deal for Disney,
`the media industry’s economics had
`cratered.
`television was suffering
`Broadcast
`through ratings declines, and a falloff in
`DVD sales had dented profits in Holly-
`wood, But cable channels, of which NBC
`Universal has many, were flourishing.
`The prospect of a deal with G.E-
`heganin earnestin the late afternoon on
`March 3 on the 48th floor of JPMorgan
`Chase, when Mr. Roberts and Mr. Burke
`came to meel with that company’s chief
`executive, Jamie Dimon,at the behest of
`James B. Lee Jr., 2 vice chairman of JP-
`Mineron Mr Roherts said he felt that he
`
`negoti-
`5. cable
`t Thurs-
`al from
`
`ersal at
`
`xint ven-
`percent
`Cameast
`iture its
`includes
`E Enter-
`lion, and
`in cash,
`
`nsaction
`at indus-
`: a huge
`id raises
`future,
`Icing the
`the chief
`deal was
`will allow
`develop-
`iplatform
`at Amieri-
`
`‘kein late
`ig weeks
`ails with
`negotiat-
`tein NBC
`French
`erate.
`It
`lifficult.
`
`He felt that G.E. was in a vulnerable
`position and highlighted the fact that
`when NBC acquired Lhe Weather Chan-
`nel this year, it had worked with private
`equity instead of buying the network on |
`its own. Il was a sipn, Mr. Roberts be-
`lieved, that Mr. Immelt might not be fully
`committed to the tclev