- 12 -
rings, watches, lamps, crystal clocks, grandfather clocks, and
chairs, to MSU's alumni.2 Petitioner contracted with Wayneco for
Wayneco to sell Seiko watches in 1988, lamps in 1989, and
Waterford crystal clocks in 1991. Petitioner had the right to
review promotional materials that Wayneco prepared. Petitioner
agreed to: (a) Sponsor Wayneco's offering of the items; (b) get
MSU's approval to use MSU's seal on the items and related
promotional material; (c) allow Wayneco to use facsimile
signatures of an official of petitioner to promote the items; and
(d) give Wayneco (i) mailing labels with names and addresses of
all living alumni and parents of MSU undergraduates, (ii) samples
of its letterhead and envelope for Wayneco to reproduce, (iii)
copies of MSU's official seal, and (iv) a letter from an official
of petitioner's on its letterhead stating that petitioner had
chosen Wayneco to supply the items. Wayneco agreed to pay
petitioner $25 for each watch, $20 for each lamp, and $25 for
each clock that Wayneco sold under the agreement with petitioner.
The agreement states that the payments are royalties. Petitioner
compiled and sent mailing list labels to Wayneco. Wayneco paid
all other costs.
Political candidates and other vendors asked for permission
to use petitioner's mailing list. Petitioner denied all requests
except Wayneco's and PB&T’s during the years in issue.
2Income that petitioner received from the sale of this
merchandise is not at issue in this case.
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: May 25, 2011