DHL Corporation and Subsidiaries - Page 167

                                         - 94 -                                       
          abroad.  Respondent’s expert, as a trial lawyer, advanced a more            
          practical formulation, reflecting what would have resulted if the           
          parties’ agreements and actions were contested and subjected to             
          litigation.                                                                 
               The informality and lack of precise language used by DHL and           
          DHLI would have caused more problems in transactions between                
          unrelated third parties seeking to enforce their rights to the              
          DHL trademark.  But here we have corporate entities with                    
          interlocking shareholder control and a common purpose of                    
          establishing and maintaining a worldwide delivery network under             
          the name “DHL”.  DHL’s and DHLI’s respective rights and                     
          obligations concerning the trademark are sufficiently defined to            
          be enforceable.  Both parties agree that DHL’s ownership of the             
          trademark in the United States is without question.                         
               DHL’s lack of involvement in the foreign registrations and             
          the lack of precise and more formal agreements and standards,               
          however, lessens the quality of DHL’s ownership rights and                  
          interests in the registration and rights to the DHL trademark               
          outside the United States.  Because DHL had the ability to                  
          terminate and/or cause DHLI’s inability to use the trademark for            
          a 5-year period, the import of DHLI’s foreign registrations is              
          mitigated.  Finally, in the factual context of these cases,                 
          common shareholders controlled DHL and DHLI, and the foreign                
          investors had the option to acquire a collective majority                   
          interest in DHLI/MNV and the DHL trademark worldwide.  Although             




Page:  Previous  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  101  102  103  Next

Last modified: May 25, 2011