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.

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