News & Analysis as of

Trademarks › Bankruptcy Code

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Morris James LLP

When Bankruptcy Meets Intellectual Property: What Every IP Holder Should Know

Morris James LLP on

Bankruptcy can disrupt even the most carefully structured business relationships, and if your company holds, licenses, or depends on intellectual property, the stakes are especially high. Understanding how bankruptcy law...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Ruling Highlights Circuit Split on Franchise Agreements

Pillsbury Winthrop Shaw Pittman LLP on

The California decision reinforces a strict approach to assumption of franchise agreements, underscoring potential roadblocks for franchisee reorganizations. Even where a debtor is not assigning a franchise agreement,...more

Dorsey & Whitney LLP

The Supreme Court Update - June 24, 2024

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in seven cases: United States v. Skrmetti, No. 23-477: This case concerns the constitutionality of state laws banning gender-affirming medical care for...more

Clark Hill PLC

What Happens if Your Trademark Licensor Files for Bankruptcy?

Clark Hill PLC on

In the consumer brands industry, licensing makes the world go round. Licensing is critical in the consumer brand industry because many businesses make a large portion of their revenue from licensing their trademarked brands...more

Neal, Gerber & Eisenberg LLP

Intellectual Property Licenses and Bankruptcy

Neal, Gerber & Eisenberg LLP on

The COVID-19 pandemic has already caused numerous companies to file for bankruptcy relief and will likely cause many more to do so. In this environment, it is particularly important for both licensees and licensors of...more

Farella Braun + Martel LLP

Three Steps Licensees Can Take to Protect Their IP Rights in Bankruptcy

Farella Braun + Martel LLP on

During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key...more

Lowenstein Sandler LLP

Some Going Concerns: A Primer On Intellectual Property Issues In Bankruptcy For Licensors And Licensees

Lowenstein Sandler LLP on

Much has been written on the myriad of legal issues emanating from the global COVID-19 pandemic: the constitutionality of the lockdowns, liability for stores that open, the process of obtaining PPP loans, and the...more

Fish & Richardson

United States Supreme Court Holds Trademark Licensee Can Continue to Use Mark After Licensor Bankruptcy

Fish & Richardson on

This past spring, the Supreme Court decided Mission Product Holdings, Inc. v. Tempnology, LLC n/k/a Old Cold LLC, 587 U.S. ____ (2019), holding that when a trademark licensor in bankruptcy rejects a trademark license, the...more

Quinn Emanuel

August 2019: Bankruptcy Update

Quinn Emanuel on

Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019): The Supreme Court Protects Trademark Licensees, But Raises New Questions About The Effect Of Rejecting Executory Contracts - The Supreme Court has...more

Jones Day

The U.S. Supreme Court Rules That Rejection of a Trademark License Agreement in Bankruptcy Does Not Strip the Licensee of Its...

Jones Day on

In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement, which constitutes a...more

Ward and Smith, P.A.

Supreme Court: Rejection of a Trademark License by a Bankrupt Licensor Doesn't Terminate the License

Ward and Smith, P.A. on

What happens if you are a trademark licensee and your licensor files for bankruptcy protection? Can the licensor unilaterally terminate your license and prohibit you from using the license – even if you're in the middle of...more

Harris Beach Murtha PLLC

Supreme Court Brings Protections to Licensees of Trademarks

Harris Beach Murtha PLLC on

The United States Supreme Court has rendered a decision that represents a victory for licensees of trademarks throughout the country when faced with a bankrupt licensor....more

Patterson Belknap Webb & Tyler LLP

Trademark Licenses . . . Again (Update No. 8): The Supreme Court Decides! (Part 2)

Patterson Belknap Webb & Tyler LLP on

Our May 22 post reported on the Supreme Court’s May 20 decision in Mission Product Holdings, Inc. v. Tempnology, LLC,[1] an 8-1 decision holding that the rejection of a trademark license in which the debtor is the licensor...more

McDermott Will & Schulte

Supreme Court Addresses Effects of Trademark License Rejection in Bankruptcy

McDermott Will & Schulte on

In an 8–1 decision, the Supreme Court of the United States reversed the US Court of Appeals for the First Circuit and held that rejection of a trademark license in bankruptcy constitutes a breach of the license agreement,...more

Mintz - Intellectual Property Viewpoints

U.S. Supreme Court Adopts Rule Protecting a Trademark Licensee’s Ability to Use a Trademark after a Bankrupt Licensor’s Rejection...

Mintz - Intellectual Property Viewpoints on

This past May, in a highly-anticipated decision, the Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC that a debtor’s rejection of an executory contract under Section 365 of the Bankruptcy Code has the...more

Foley & Lardner LLP

Preserving and Protecting Value Following the Recent Supreme Court Decision Shifting the Landscape on Intellectual Property...

Foley & Lardner LLP on

In May 2019, the U.S. Supreme Court decided the Mission Product Holdings, Inc. v. Tempnology, LLC case. The Mission Products Holdings decision provides a reminder to intellectual property license parties that periodic review...more

Latham & Watkins LLP

US Supreme Court Clarifies Treatment of Rejected Trademark Licenses and Other Executory Contracts in Bankruptcy

Latham & Watkins LLP on

The Supreme Court holds that a debtor’s rejection of an executory contract in bankruptcy constitutes a breach. Introduction - In Mission Product Holdings, Inc. v. Tempnology, LLC (Tempnology), the US Supreme Court...more

Eversheds Sutherland (US) LLP

When bankruptcy law and trademark licensing intersect - The Supreme Court’s decision in Mission Product Holdings Inc. v....

Eversheds Sutherland (US) LLP on

On May 20, 2019, the US Supreme Court clarified that when a trademark licensor rejects a trademark license agreement in a Chapter 11 bankruptcy proceeding, the rejection does not rescind the use rights of the licensee under...more

International Lawyers Network

Trademark License Rights Survive Rejection in Bankruptcy

International Lawyers Network on

Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee’s rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement. The...more

Perkins Coie

Supreme Court Shields Trademark License From Licensor’s Rejection in Bankruptcy Court

Perkins Coie on

The U.S. Supreme Court’s recent decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019) that a trademark licensor’s rejection of a trademark license does not terminate the licensee’s right to use...more

Herbert Smith Freehills Kramer

Supreme Court Holds That Trademark Licensor’s Rejection Does Not Rescind or Terminate License

Herbert Smith Freehills Kramer on

On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ---, 139 S. Ct. 1652 (2019), the Supreme Court resolved a split among the circuits, holding that a licensor’s rejection of a trademark license in...more

Carlton Fields

Supreme Court: Trademark Owner in Bankruptcy Can’t Cancel Its Trademark Licenses

Carlton Fields on

What happens to the business of a trademark licensee when the licensor goes bankrupt has always been an uncertain gray area....more

Proskauer - New Media & Technology

On the Mark: Understanding the Supreme Court’s Latest Decision Regarding the Treatment of Trademark Licenses in Chapter 11

Proskauer - New Media & Technology on

On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court resolved an area of ongoing concern for parties to trademark licenses. The court addressed a circuit split on...more

White & Case LLP

Supreme Court Clarifies Effects of Bankruptcy on Trademark Licenses

White & Case LLP on

On May 20, 2019, the Supreme Court held in Mission Products Holdings, Inc. v. Tempnology, LLC that a debtor-licensor's rejection of a trademark license agreement does not "deprive the licensee of its rights to use the...more

Bradley Arant Boult Cummings LLP

Supreme Court Says Rejection of Trademark License in Bankruptcy Acts as a Breach, Creditor-Licensor Can Retain Licensed Rights -...

Bradley Arant Boult Cummings LLP on

The Supreme Court reminded bankrupt debtors on Monday that mere rejection of a contract does not turn back the clock to avoid contractual obligations. This was the thrust of its holding in Mission Product Holdings, Inc. v....more

110 Results
 / 
View per page
Page: of 5
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide