- 115 - critical question is to which intangible the excess is attributable. Next, using a relief-from-royalty methodology, respondent’s expert opines that $287 million should be attributed to the DHL trademark for 1990. He surveyed a wide range of businesses and found a broad range of royalties for trademark use of .7 to 10 percent. He settled on a 1-percent royalty rate and also assumed a 30-percent income tax rate and 6-percent growth rate. A 12.5- percent discount rate was applied in order to reach his result. Respondent’s other expert, after discussing several methods, chose an income approach he called “other anticipated value approach”, in which he quantified the value of increased benefits in conjunction with the relief-from-royalty method (discounted cash-flow model). He described the “other anticipated value approach” as one that quantifies economic benefits accruing to an asset that may not be reflected in other income approaches, including marketing cost savings, operating synergies, lower costs of funds, etc. This benefit is supposedly measured in the form of incremental cash-flows that the expert believes are “not necessarily the result of excess earnings or avoided royalties.” He then proceeded to explain that the quantification occurs by a cash-flow analysis reduced to a present value by means of a discounted cash-flow technique. Finally, it was pointed out that the “other anticipated value approach” is used in conjunctionPage: Previous 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 Next
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