DHL Corporation and Subsidiaries - Page 44

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          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 to              




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