- 127 - DHLI under the 1974 MOA and subsequent amendments and that petitioners have failed to show that any expenditures incurred by DHLI were more than would have been incurred at arm’s length under those circumstances so as to trigger the need for an allocation under the regulations. Our review of the regulations and some of the examples cited therein lead us to the conclusion that petitioners’ interpretation does not work when applied to the facts in our record. First, there was no specific cost-sharing agreement with respect to development, enhancement, or maintenance of the DHL trademark. Petitioners have presented evidence that, over a period of years, DHLI spent substantially more on advertising than DHL. We have no way of measuring those expenditures’ effect on the value of the trademark. That is especially so where petitioners’ experts, in contradiction to petitioners’ argument on this point, opined that the trademark has limited value and that the excess value of DHLI that may be indicated is attributable to intangibles other than the trademark. Having found a value higher than what petitioners argue was the limit, petitioners argue that DHLI is the developer of the non-U.S. portion and is responsible for the value we have found. Petitioners then contend that respondent should have reduced any adjustment to DHL based on an arm’s-length or fair market value by the amount attributable to DHLI in developing or assisting in developing the non-U.S. trademark.Page: Previous 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Next
Last modified: May 25, 2011