DHL Corporation and Subsidiaries - Page 161

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          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.                                                 



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