- 13 - 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 membershipPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011