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for obtaining a bank issuer for the credit card program, Concept
may retain a portion of the payments it receives from Chase
Lincoln.
Member Lists
Petitioner develops and maintains mailing lists with
respect to the members composed of names, addresses, and related
information. Petitioner has exclusive ownership rights in its
mailing lists, including the right to all net income from such
lists.
On April 14, 1986, petitioner provided ABS a magnetic tape
containing an initial list of the members. Subsequently, on
seven occasions, petitioner provided ABS labels containing the
names and address of new members.
Marketing Plans and Solicitations
In March 1986, ABS circulated to petitioner a proposed
marketing plan, schedule, and sample solicitation materials
(together, the initial plan) for petitioner’s review and
approval. Petitioner objected to certain aspects of the initial
plan. A revised plan (the revised plan) was circulated within
petitioner’s organization in early April 1986. A cover letter
accompanying the revised plan states: “You will note that the
pitch has been toned down considerably and the letter to the
leadership doesn’t do anything except inform them of the Club’s
plans for a credit card.” Also, the cover letter states that
proposals for telemarketing, membership solicitation and drive
packages, membership renewal packages, automatic membership
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