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In the instant case, that is accomplished through the promotional
efforts of the list manager. Accordingly, we conclude that the
list manager's activities in distributing data cards and other
forms of advertising directed to list brokers and potential
mailers on petitioner's behalf are royalty-related activities.
Additionally, to protect the value of its mailing list, a
list owner will not allow the individuals and entities whose
names appear on the list to receive mail that the list owner
considers objectionable. Accordingly, the list owner must engage
in activities to ensure that the list is rented only to
appropriate mailers. Consequently, we conclude that the list
manager's activities in forwarding the list orders to CMS for
approval are royalty-related activities.
To exploit its intangible and convey it to the user, the
list owner must also render it in tangible form. In the list
rental context, that is accomplished by producing a copy of the
list for the mailer. Consequently, we conclude that, the list
manager's activities in forwarding the order to Triplex for
fulfillment and obtaining from Triplex a copy of the rental list
are royalty-related activities.
Finally, the owner of the intangible is entitled to be paid
for its use. Accordingly, we conclude that the list manager's
activities in billing the mailer, paying Triplex, and remitting
payment to CMS are royalty-related activities. On the basis of
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