State Police Association of Massachusetts - Page 21

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          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:                                





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