- 21 - containing the name of the sponsor of each large listing and the page upon which its listing was located. Those sponsors included well-known companies such as American Airlines and Midas Mufflers. In Fraternal Order of Police, after examining the record and copies of The Trooper magazine, we were "convinced that both the larger listings and the business listings constitute 'advertising.'" Id. at 754. We stated: To conclude otherwise we would have to ignore the fact that the vast majority of the listings in The Trooper are composed of slogans, logos, trademarks, and other information which is similar, if not identical in content, composition, and message to the listings found in other professional journals, newspapers, and the "yellow pages" of telephone directories. We also note that the contracts with OSC, FOP’s business forms, and the magazine itself repeatedly use such words and phrases as "advertising revenues," "advertisers," "prospective advertisers," "advertising marketing program," and "advertising," to describe the listings and related activities. [Id.] Petitioner argues that Fraternal Order of Police is distinguishable from the instant case because no expert testified in that case that the listings were not advertising. In the instant case, petitioner’s expert concluded that, under "generally accepted marketing theory", only 10 percent of the messages in The Constabulary were advertising. At trial, however, petitioner's expert was asked whether she knew that there was a relationship between the amount of space that a contributor’s message received and the amount that was contributed. Petitioner's expert testified:Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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