- 128 - Overall, petitioners have not carried their burden of showing the requisite fact pattern for the relief they seek--reallocation/reduction for the international portion of the trademark value. To some extent, our reduction of the trademark value from $150 million to $100 million accounts for DHLI’s efforts in registering and perfecting the trademark rights. The related parties’ relationship regarding the use of the DHL trademark was not a textbook example of a licensing agreement, but it was sufficient to bind these related parties and to effectuate control over the use of the trademark. There was no agreement or evidence of an agreement to permit DHLI’s separate development of the DHL trademark other than as a licensee. DHL employees and/or officers did not agree, with limited exceptions, to DHLI’s use or registration of the trademark in its own name. Petitioners argue that the subject regulations are not concerned with ownership, but, in the same context, also argue that a trademark may be owned by different interests and separately owned in different countries. We have already addressed this question in considering the trademark ownership. Next, petitioners rely on language in section 1.482- 2(d)(1)(ii)(c), Income Tax Regs., which provides guidance as to some of the factors to be considered in determining which member of a group of related entities is a developer, as follows: Of all the facts and circumstances to be taken into account in making this determination, greatest weightPage: Previous 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 Next
Last modified: May 25, 2011