DHL Corporation and Subsidiaries - Page 102

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          trademark and the practices and intent of the parties.  Margaret            
          Phillips drafted an agreement in 1988 setting forth the                     
          understanding that DHL licensed to DHLI the right to use the DHL            
          name and logo.  The agreement, although unsigned, contains                  
          acknowledgment that DHL owned the worldwide rights to the                   
          trademark and that DHLI obtained trademark registrations to be              
          held in trust for DHL that DHLI would surrender to DHL upon                 
          termination of the license.  The unsigned 1988 agreement was                
          provided to counsel for the foreign investors, with the statement           
          that it represented the agreement of the parties during due                 
          diligence for the 1990-92 transaction.                                      
               As of July 1990, intranetwork memoranda contained the                  
          acknowledgment that DHL owned the worldwide rights to the DHL               
          name and globally used trademark and trade name.  DHLI was                  
          exclusively licensed to use those marks outside the United States           
          and, for the sole purpose of complying with trademark laws, could           
          file trademark applications outside the United States as the                
          “registered owner”.  There was network-wide employee recognition            
          that DHL was the source of DHLI’s use of the trademark rights.              
               For some period of time prior to 1990, Cruikshanks held the            
          personal view that DHLI owned the trademark outside the United              
          States, even though he orally and in writing represented to the             
          contrary.  During the negotiations with the foreign investors,              
          questions arose about the trademark ownership outside the United            

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