State Police Association of Massachusetts - Page 23

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          that was contributed, we believe that the conclusions of                    
          petitioner's expert are based upon incomplete information.                  
          Accordingly, we discount the testimony of petitioner's expert.              
               Petitioner next argues that one factor to be used in                   
          determining the existence of "advertising" is the contributor's             
          intent in making a payment to the organization.  Petitioner                 
          argues that contributors to The Constabulary expected no                    
          commercial benefit from their payment but merely intended to                
          benefit petitioner.  In its affirmance of our decision in                   
          Fraternal Order of Police v. Commissioner, supra, the Seventh               
          Circuit Court of Appeals stated that the sponsor's                          
               motivation [to help support the families of officers                   
               killed in the line of duty] does not define * * * [the                 
               Fraternal Order of Police's] activities.  To place a                   
               listing in The Trooper, each sponsor had to purchase a                 
               space and pay a prescribed rate which corresponded to                  
               the desired size of the listing.  Moreover, each issue                 
               of The Trooper included the request by the editors that                
               its readers patronize those who had paid for the                       
               listings.  [Fraternal Order of Police v. Commissioner,                 
               833 F.2d at 721.]                                                      
          Accordingly, in the instant case, we conclude that an inquiry               
          into the contributor's intent in making a payment to petitioner             
          is not helpful in light of the fact that the contributors                   
          received the displays and listings in consideration of their                
          contribution; i.e., they purchased the display or listing, and              
          the size of the space allotted to the contributor's message was             
          linked to the amount paid.  In any event, petitioner has not                
          established in the instant case that the display or listing                 





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