- 49 - DHLI/MNV at $400 to $600 million. It valued the DHL trademark at $100 to $200 million. The foreign investors initially understood that DHL owned all rights in the DHL trademark throughout the world. As their due diligence progressed, however, they became aware of certain inconsistencies, including the registrations of the DHL trademark in DHLI’s name throughout the world. The foreign investors never resolved these inconsistencies concerning the DHL trademark. Ultimately, it was agreed that, if the foreign investors exercised their stock purchase and trademark options, DHL would transfer all its rights in the trademark, including those it may have within and without the United States. DHL’s lenders consented to a trademark option agreement, but only on the conditions that: (1) DHL would “receive full value (as determined on an arms length-transaction basis) for the assets it transfers pursuant to * * * [that] Agreement”; (2) DHL would receive at least $50 million as consideration for the DHL trademark or as additional equity investments; and (3) DHL would receive a 15-year royalty-free license to use the DHL trademark. After the 15-year royalty-free period, DHL would have to pay .75 percent of its gross sales as a royalty for use of the DHL trademark. In a communication dated as late as May 10, 1990, DHL’s legal representative was representing to the lenders that DHL owned the trademark and licensed it to DHLI.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
Last modified: May 25, 2011