DHL Corporation and Subsidiaries - Page 164

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          DHL’s consent.  DHLI, however, caused registrations of the DHL              
          trademark in numerous countries in which the DHL network provided           
          services.  Those registrations were in the name of DHLI and/or              
          its related international entities and did not reflect that DHL             
          owned or licensed the trademark.  In addition, DHLI’s general               
          counsel contended, in spite of written agreements to the                    
          contrary, that DHLI owned the trademark rights outside the United           
          States because of DHLI’s foreign registration of the trademark.             
               With this somewhat generalized background, we consider the             
          positions of the parties and their experts on the question of               
          ownership of the DHL trademark.  Petitioners contend that DHL               
          owned the rights inside and DHLI owned them outside the United              
          States.  Respondent contends that DHL owned the worldwide rights            
          before the transaction with the foreign investors.                          
               Respondent makes a three-point argument in support of the              
          position that DHL owned the worldwide rights in the trademark.              
          First, respondent argues that, as a matter of trademark law, DHLI           
          was contractually cast as a licensee and that the requisite                 
          control existed as between the licensor and licensee to maintain            
          and perfect DHL’s trademark ownership.  Second, respondent argues           
          that petitioners may not disavow the form they chose and that the           
          1974 MOA, subsequent amendments, and other documentation placed             
          ownership in DHL.  Finally, if we find that the requisites for              
          trademark ownership were not extant, respondent argues that the             






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