- 7 - Hoyos. Gamesa apparently never received any of the funds that were transferred by petitioner to Rubbik under the above consulting agreements. During the years in issue, Gamesa did not charge distributors who distributed Gamesa’s products in Mexico for services relating to product development, design, packaging, or marketing of the products. Further, Mexican distributors of Gamesa’s products apparently did not make payments to Gamesa relating to the “Gamesa” or “g” trademarks. Effective October 1, 1990, PepsiCo, Inc. (PepsiCo) acquired a controlling interest in Gamesa, but petitioner continued as the sole authorized distributor of Gamesa’s products in the United States. Until August of 1991, petitioner continued to distribute Gamesa’s products in the United States bearing the “g” trademark, and petitioner continued to use the “g” trademark in the United States to advertise Gamesa's products. After PepsiCo acquired Gamesa, petitioner no longer transferred funds to Cremin and Rubbik. On August 6, 1991, at PepsiCo’s insistence, Gamesa terminated its distribution agreement with petitioner. At the same time, petitioner, Cremin, and Rubbik agreed to transfer back to Gamesa or otherwise cancel any and all rights they possessed to the “g” trademark. PepsiCo required this cancellation of rights to the “g” trademark because PepsiCo could not determinePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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