DHL Corporation and Subsidiaries - Page 23

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          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.                                      






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Last modified: May 25, 2011