- 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. AlthoughPage: 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