- 4 -
under the names "Insenasa", "King", and "King Express",2 and used
the identical company logo as petitioner. However, neither the
Guatemalan companies nor their controlling owners had financial
interests in petitioner. The reverse was also true; neither
petitioner nor its sole shareholder had financial interests in the
Guatemalan companies.
Distribution Agreement
In May 1989, petitioner, J.R. Fong, R.A. Leon, and the
Guatemalan companies entered into a Distribution Agreement (the
agreement) which outlined procedures for delivering petitioner's
shipments from the United States to Guatemala. Items originating
with petitioner in the United States were shipped to Guatemala City
by air. They were picked up at the airport by employees of the
Guatemalan companies and delivered to the recipient's Guatemalan
address by the distribution network of J.R. Fong and R.A. Leon.3
The couriers customarily secured a receipt signed by the Guatemalan
addressee, which was forwarded to petitioner's headquarters in the
United States and then mailed through the U.S. Postal Service to
the addressor as proof of delivery, together with promotional
materials advertising petitioner's services (discussed infra).
2 J.F. Leon, on petitioner's behalf, gave J.R. Fong and
R.A. Leon oral permission to use the name "King Express".
3 Items arriving in Guatemala were tracked to their
destination through a computer software program designed by J.F.
Leon.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011