- 88 - million price was ultimately used by the parties to the transaction after $50 million had been considered and $100 million asked. Petitioners’ and respondent’s pre- and post-trial experts attempted to support all of these values and a myriad of amounts falling in between.8 One of the underlying disputes regarding the value of the DHL trademark rights involves whether DHL owned the worldwide or merely the U.S. rights. Most of the documents and evidence show or state that DHL owned all of the rights. DHLI’s general counsel, beginning in the mid to late 1980’s, however, maintained that DHLI owned the rights to the trademark outside the United States. The parties here provided expertise supporting both positions, and we have considered each. A trademark is a marketplace device by which consumers identify goods and services and their source. In the context of trademark nomenclature, a trademark symbolizes “goodwill” or the likelihood that consumers will make future purchases of the same goods and services. In a licensing arrangement, the goodwill symbolized by the trademark is owned by the licensor, even though created by the licensee’s efforts. See, e.g., Cotton Ginny, Ltd. v. Cotton Gin, Inc., 691 F. Supp. 1347 (S.D. Fla. 1988). 8 To some extent, it seems that the experts’ willingness to support such disparate values is one of the reasons for the escalation and protraction of the controversy in these cases. Indeed, the difference between $20 million and $600 million may be sufficient spoils to incite and inspire the meekest and least confrontational amongst us.Page: Previous 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Next
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