Edward S. Cullin - Page 3

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                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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