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Trademarks are territorial, and different ownership of the
same trademark is possible in different countries.10 In the
United States, trademarks may be created by use and protected by
registration. Outside the United States, trademark rights may be
created by use and/or registration, and, in some instances,
registration is prima facie evidence of ownership.
First, we briefly review the factual background for the
development and use of the trademark within the DHL worldwide
network. The DHL worldwide network began with a single company
and, because of a competitor's complaints to the CAB, was divided
into essentially two operating entities--domestic (within the
United States) and international (outside the United States).
Although the shareholdings of the domestic and international
business entities appeared disparate, in actuality the entire
network was controlled by a group of shareholders, who ultimately
split up profits from the sale of a part of the network in accord
with their preconceived understanding that did not necessarily
comport with the ostensible shareholdings.
The domestic and international operating entities were
relatively autonomous in their day-to-day operations but were
overseen and controlled by various groups and/or entities
controlled by the common controlling shareholders. All of the
agreements, written or understood, reflect that DHL owned the DHL
name (trademark) and that DHLI was allowed to use it because of
10 4 McCarthy, supra sec. 29:7
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