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or co-owned with its other clients. Wiland, as instructed by
W&H, automatically merged and added to W&H’s masterfile on a
monthly basis all new names and donor information that had been
added to petitioner’s housefile. W&H’s masterfile included the
names and donor information that was owned by W&H or was jointly
owned by W&H and its clients. W&H had joint ownership rights in
most of the client housefile mailing lists developed under the
fundraising contracts it entered into with its nonprofit clients;
W&H did not have such an arrangement with respect to AICR.
In conducting petitioner’s prospect mailings, prospect
mailing packages were mailed to the following categories of names
and addresses (hereinafter for convenience referred to as names):
(1) Names that W&H, as lessor, rented to petitioner from the W&H
masterfile, (2) names that Washington Lists arranged for
petitioner to rent as lessee from outside list owners unrelated
to W&H, (3) names that W&H, as lessor, rented to petitioner
through Washington Lists which names W&H obtained from outside
list owners in exchange for petitioner names, and (4) names that
W&H, as lessor, through Washington Lists rented to petitioner
which names W&H obtained from outside list owners in exchange for
non-petitioner names on W&H’s masterfile.
The Contract forbids petitioner to exchange or to rent as
lessor its housefile list names. When petitioner as lessee used
names from W&H’s masterfile, W&H charged petitioner W&H’s
advertised rental rate for the names published in the current
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