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Bennett took primary responsibility for originating the concepts
for products; choosing the colors for T-shirts and clothing to be
manufactured and marketed; determining the forecast of customer
orders based on previous years' sales activity; determining the
quantity, sizes, and colors to order for the upcoming seasons of
each product; hiring and training personnel; developing a
marketing plan; developing petitioner's customer base;
advertising and promotion; and developing a plan to fill customer
orders.
Mr. Bennett was a hands-on manager, involved in every aspect
of petitioner's operations. He was responsible for the
development of petitioner's catalog, which included the hiring of
the photographers and models that were used to produce the
catalogs. He also approved the clothing, sketches, and colors
for the photography sessions. In addition, Mr. Bennett attended
and directed the sessions, which required traveling to the
various locations. Mr. Bennett also worked with the catalog
design personnel to review the approximately 7,200 slides taken
for each catalog in order to decide on the layout of the catalog.
Furthermore, Mr. Bennett determined how much space in a catalog
to allocate to each product, the layout of pictures in the
catalog, and which product photographs to pair with others.
During the years at issue, sketches for photograph sessions were
always approved by Mr. Bennett before the session took place. He
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Last modified: May 25, 2011