United Cancer Council, Inc. - Page 65

                                       - 49 -                                         
          names that owner furnishes, postage to ship the tape or labels,             
          and a list broker’s fee or list manager’s fee12 for arranging the           
          exchange transaction.                                                       
               When W&H exchanged for petitioner names it owned jointly               
          with petitioner, the cost to W&H of acquiring the third party’s             
          names included charges for computer processing, postage, and a              
          list broker’s or list manager’s fee.  W&H did not pay a rental              
          fee to the owner of the third-party names in these situations,              
          because W&H was providing names to the third party that normally            
          rented for $60 per thousand names.                                          
               Table 8 shows the amounts petitioner as lessee paid to                 
          Washington Lists by way of mailing list rental fees for renting             
          mailing lists which W&H owned or mailing lists to which W&H                 
          claimed mailing list rights.  The payments petitioner made to W&H           
          include payments for names that W&H acquired by exchanging                  
          petitioner’s names for names owned by unrelated third parties.              
                                       Table 8                                        
                                                  Payments for Names W&H              
                              Payments for W&H    Obtained by Exchanging              
               Year           Masterfile Names  Petitioner Names                      
               1984                -0-                      $1,450                    
               1985                $6,448                   57,349                    
               1986                44,645              119,436                        
               1987           122,747                  219,896                        
               1988                32,408              24,660                         

               12   In the direct mail industry, a list manager functions             
          as a sales agent who represents a list owner in marketing the               
          list owner’s mailing list to others.  The list manager promotes             
          the mailing list and arranges for rentals and/or exchanges of the           
          mailing list to other parties.                                              



Page:  Previous  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  Next

Last modified: May 25, 2011