Day 043 - 01 Nov 94 - Page 39

     
     1        misleading children that they could expect a toy that would
     2        not be at the store.
     3
     4   MR. RAMPTON:  Can I go in and get a toy for my child, or send
     5        him in to get one, without buying a meal?
     6        A.  Yes.  In most cases, we would prefer you buy the meal,
     7        but we make available the toy on an individual restaurant
     8        basis for you to purchase.  The price is usually set on a
     9        local basis.  You probably cannot abuse that; you cannot
    10        come in and buy 10 or 15 toys, but if someone wants to buy
    11        one or two, to either fill up a set, a collection, or does
    12        not want to buy the meal, it is available to them.
    13
    14        This is the same, but with $2.09.  The same, with a special
    15        price.
    16
    17                  (The next advertisement was shown)
    18
    19   THE WITNESS:   This would be the adult commercial that was
    20        played for this particular premium, which were the Looney
         Tunes characters.
    22
    23        This would be a close.
    24
    25                  (The next advertisement was shown)
    26
    27   THE WITNESS:   That would be the close for kids, children,
    28        advertising that would then be put against an open.
    29        I think this is another version of the close.
    30
    31             This would be the adult version with $1.99; and we
    32        have seen this same opening and close, so we can fast
    33        forward this.
    34
    35        This would be featuring $2.99.  This would be featuring the
    36        special price.
    37
    38   MR. RAMPTON:  Can I ask you to pause there for a moment?  The
    39        Looney Tunes characters, presumably, are the subject to
    40        trademark or copyright?
         A.  That is correct.  This is a promotion that we did with
    42        the owners of that property.
    43
    44   Q.   I am going to come back to that later.
    45        A.  This would show how the open and close were put
    46        together.
    47
    48                  (The next advertisement was shown)
    49
    50   THE WITNESS:   You have seen this ad before.  You can see that 
    51        we use the same opens on different commercials throughout 
    52        the year. 
    53
    54        Again, I believe this is another marriage of an open and
    55        close.
    56
    57                  (The next advertisement was shown)
    58
    59   THE WITNESS:   Fast forward.  This would be the pizza open and
    60        the close that we just saw.  I think can I go through this.