- 111 - other intangibles represent the entire amount of any excess over the shareholders’ equity. The evidence supports a finding that the know-how and system in place that facilitated the ability to make timely and efficient deliveries is at least as important as the name “DHL”. The parties’ experts attempted to use professional and “scientific”-appearing techniques to compute and reach their conclusions; they exercised substantial latitude in selecting the variables that control the outcome. There is no exactitude to their theories or methodology. In each instance, their results appeared to depend on variables, the estimate of which seemed to favor the party they “represented”. Petitioners rely on examples of companies that sought to purchase infrastructure and placed no emphasis/value on the trademark of the target company. In that regard, one particular potential buyer of DHL entities or assets was not interested in acquiring the DHL name and intended to phase it out over approximately 1 to 3 years. That, however, does not mean that the DHL name had no value. In that context, the potential buyer already had a name (United Parcel Service or UPS) that was better known domestically, and possibly internationally, than DHL. Its focus was access to the international document and package delivery market by the acquisition of the DHLI network infrastructure and ability to deliver.Page: Previous 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Next
Last modified: May 25, 2011