Day 258 - 07 Jun 96 - Page 18
1 MR. JUSTICE BELL: I do not think that is necessary because what
2 one ought to be able to do, whichever side you appear on,
3 is look back over the case and say, well, really, that is
4 common ground; whether it was at the beginning, whether
5 anyone thought about an express admission or not, it
6 becomes pretty apparent as we go along that there may be a
7 lot of common ground despite the large area of argument.
8 Then one asks what inferences one draws from the common
9 ground.
10
11 MR. MORRIS: Right, just to save time on the closing speeches if
12 we have a series of admissions that clarified it.
13
14 MR. JUSTICE BELL: Most of the stuff is obvious, where it is
15 common ground.
16
17 MR. MORRIS: OK. Whipping through this now. One very small
18 matter. Page 657, on the right hand side, 'the orange bowl
19 programme', this is giving cups and syrup to school parties
20 or fetes or?
21 A. Local events, yes.
22
23 Q. You do not have them in the UK?
24 A. Broadly, yes. It is not exactly the same programme
25 something very similar to that takes place, yes.
26
27 Q. If you note on the second paragraph. 'It builds goodwill',
28 et cetera. 'If your orange bowl does not have a McDonald's
29 logo and your restaurant address you are losing the
30 opportunity to market your store'. Then it says, 'it is
31 recommended in most cases you sell the syrup for use in the
32 orange bowl at cost and provide the cups free'. The cups
33 are the ones that have the logo on them, the cups contain
34 the logo?
35 A. I cannot speak for the UK market but when I was
36 involved in this area within McDonald's, and that was 7 or
37 8 years ago, McDonald's gave, donated, the syrup and the
38 cups free. The cups had logos on, the orange bowl had
39 logos on, but it did not have a store address in the UK
40 market.
41
42 Q. Right. Just one more point on that, on page 658, half way
43 down the first column, the paragraph starts, 'Do not miss
44 any opportunity to publicise the donation of the orange
45 bowl by McDonald's'. The publicity for this kind of
46 marketing goes hand in hand, it is not just the marketing
47 fact, it is also trying to get as much publicity for it as
48 possible?
49 A. This activity inherently creates publicity, that is the
50 whole point about it. It is McDonald's being out in the
51 communities at local worthy events. So the fact that if
52 you have 200 people at a local fete and they see McDonald's
53 helping at the local fete that is inherently publicity.
54
55 Q. Something you would want to do a press release about or
56 whatever?
57 A. You would not do a press release. This is a local
58 activity, you might be lucky and get local press coverage
59 if the local newspaper is there, but the publicity comes
60 from being at an event where there is a lot of people.
