- 3 -
respect to the commodity that is the subject of the lead
story. It provides mechanical rules for selecting the
month and price of the commodity, and it describes how to
offset the trade at the end of the day. The manuscript
also sets forth the results of hypothetical day trades
using petitioner's system beginning on January 1, 1983, and
ending on the date the manuscript was mailed to the
customer.
Petitioner arranged for the manuscript to be typed,
printed, and bound into book form. Petitioner wrote and
designed all of the advertising and promotional materials
used to sell the manuscript. He marketed the manuscript
using a mail order approach.
Petitioner originally sold the manuscript under the
name "The Wall Street Journal Daytrading Strategy".
However, he received a letter dated July 24, 1984, from Dow
Jones & Co., Inc., stating that his use of the names Dow
Jones & Co., the Wall Street Journal (WSJ), and Barron's,
as well as the use of articles from, and the logo of, the
WSJ in advertising his manuscript, was prohibited under the
law. After receiving the letter, petitioner changed the
name of his manuscript to The Wall Street Newspaper
Daytrading Strategy.
In order to sell his manuscript, which rendered
advice on commodity futures trading, petitioner was
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