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containing Dr. Rosenberg’s publicity mention Cabana Boy or the
movie “Neuromancer”. There are no documents in evidence that
suggest that Dr. Rosenberg’s plastic surgery practice had
anything substantial to do with Cabana Boy except to provide a
source of funds. Seven of the 27 articles in the record
publicizing Cabana Boy mention Dr. Rosenberg. Those that do
describe him as Mrs. Rosenberg’s husband or part of the family
that Tyler and Kinart met at the pool. Only five articles
describe Dr. Rosenberg as a New York plastic or cosmetic
surgeon.5 Dr. Rosenberg’s only other apparent advertising
benefit from Cabana Boy was that he appeared as a guest on “Live
With Regis”.
Tyler testified that he wrote a letter to Cabana Boy’s
public relations firm to request it to publicize Dr. Rosenberg;
however, the letter on which he relied did not include that
instruction.
We conclude that petitioners did not pay the advances to
Cabana Boy to attract patients for Dr. Rosenberg from the motion
5 This is so even though Tyler testified that the content
of most of the articles had been provided to the publications by
Cabana Boy’s public relations firm.
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