DHL Corporation and Subsidiaries - Page 103

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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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Last modified: May 25, 2011