- 130 - the parties to the transaction reached an “arm’s-length” value of $20 million? We find, on this record, that DHL established the trademark and is the developer within the meaning of the regulations. Even if DHLI had, to some extent, assisted in developing the trademark, petitioners have not shown that DHLI expended any more than an arm’s-length amount in connection with a licensee’s use, development, enhancement, or maintenance of the trademark. More significantly, the DHL network is a related group of entities that pursued the expansion of the network in concert. Petitioners have attempted to mix the registration and advertising costs. The mere filing of the registrations does not make DHLI the developer of the trademark. Moreover, the advertising, both within and without the United States, was promoting or marketing DHL’s worldwide network. Customers in any country were intended to understand that their item could be delivered anywhere in the world, including the United States, Europe, the Far East, etc. Accordingly, advertising in one part of the world easily could have generated responsive business from the destination location. Finally, we have not been provided with the means to evaluate the effect of the advertising on the value of the DHL trademark. In order to attribute or limit any or all of DHLI’s and/or MNV’s advertising costs solely to the value of the DHL trademark outside the United States, petitioners would have toPage: Previous 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Next
Last modified: May 25, 2011