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States because of DHLI’s registration of the trademark in
numerous foreign countries.
For purposes of the transactions between DHL shareholders
and the foreign investors, the agreements reflected:
[DHLI] obtains its rights to the DHL trademark from DHL
Corp. and has obtained its registrations pursuant to
such licence agreement. An unwritten agreement exists
between * * * [DHLI] and DHL Corp. which provides that
upon the termination of the agency agreement between
them, * * * [DHLI] will procure DHL Operations B.V. to
assign all trademark registrations to DHL Corp. without
consideration and at its cost.
The three companies, DHL, DHLI, and MNV, operated in harmony
to protect and develop the DHL trademark. In the mid-1980’s, a
Corporate Identity Manual was produced, setting forth standards
for the DHL logo’s use, including the typeset, colors, and letter
size for each type of use.
DHL’s advertising represented to the public that it was one
global delivery company worldwide, and customers were made aware
that their documents could be delivered anywhere in the DHL
worldwide network. Although advertising was accomplished
separately for DHL and DHLI, in the mid-1980’s, DHL’s management
specifically decided that brand awareness and marketing
strategies should have local focus because the markets served
were too dissimilar to support a global program. Generally, DHL
or DHLI each bore the cost of advertising for its respective
market. DHL and DHLI did not directly control the quality of the
goods or services that the other provided.
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