- 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