- 31 - did not attribute the name Dharma to DM's religious printing business or state that they became petitioner's customers because they associated the word Dharma with DM. Petitioner attracted customers by the quality of its printing and low prices. There is no evidence that petitioner's customers associated its quality and prices with DM's business. At most, its customers associated its name with Buddhism in general and not to DM's printing business. DM has never used the names "Dharma Enterprises" or "Skillful Means Press" in the printing business. DM did use the name "Amber Lotus" beginning in 1986. Although there is no evidence as to whether DM made Amber Lotus into a profitable business before licensing it to petitioner, the name had some value to petitioners. During the years in issue, petitioner's Amber Lotus division accounted for approximately 7 percent of gross sales. We hold that an unrelated third party would have paid royalties for the trade names and trademarks in the amount determined by AVG. In addition to being a recognized trade name in the printing business, petitioner maintains that the Dharma name identifies it as a Dharma-authorized organization and enables it to hire low- wage employees. The license agreement, as amended, purports to grant to petitioner the right to present itself as an organization sanctioned by an active Dharma lineage. Petitioner maintains that AVG's comparison of the Dharma name with quick- print trade names does not account for this value. We determine that this alleged asset does not justify the royalty paymentsPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011