Back to the original message translated by HJ:
Any futher information re:
1 - The agreement referenced in the first paragraph did not say if LGB of America was “owned” now by Marklin – or is it a reasonable interpretation Marklin owns the logo and useage of the logo and trademark, so Marklin “owns” the determination of useage by LGB of America;
2 - I did not read that produced products (in storage outside the factory) were under the ownership of Marklin. Again, is this a presumed conclusion that they do?
Further:
1 – Granted, owning molds does not include those products produced PRIOR to the bankruptcy and in the hands of dealers.
2 – However! IF those products produced PRIOR to the bankruptcy, left the factory and were NOT received by retailers, and paid for by retailers, then does Marklin own those products? Such as can Markllin claim those products in LGB of America (G45?) warehouses as their own?
3 – And…IF there were (?) products sent to retailers, and there was no payment to either LGB of America or LGB of Germany, are those yet uncollected product revenues the property of Marklin?
Could specific retailers, if they did not pay for products, be considered holding “undelivered” products and they are in effect warehousing? Is it a stretch to claim unpaid delivery be a form of storage – that is IF there were no claims made against the retailer for payment? In short, CAN consignment be used as a form of storage at the same time be claimed as outgoing corporate inventory? How in the world can LGB of America and LGB of Germany not be seen as the very same entity?
CONCLUSION:
Is it remotely possible the shipment of products to the USA - San Diego – just prior (per reports on this site) to the declaration of bankruptcy, was a claim “sold” inventory or “consigned” inventory, when Marklin may claim it was really storage and demand ownership???
Secondly, if Marklin perceives unpaid retailer accounts to LGB of America, do they have a right to those unpaid proceeds? And, do they have a right to any consignment products?
Whew! This is a B-I-G puzzle with some very simple all-parties-agreed-to declared pieces.
Answer the above in favor of Marklin, all is over.
What’s the latest take in data???
Wendell