The 2010s were a heyday for bridal fashion. TLC’s “Say Yes to the Dress” reality series captivated viewers watching brides navigate family opinions and emotions while shopping for “the dress” at Kleinfeld’s Bridal in New York...more
5/31/2024
/ Brand ,
Breach of Contract ,
Chapter 11 ,
Chapter 7 ,
Copyright ,
Dilution ,
Employment Contract ,
False Designation of Origin ,
Fashion Branding ,
Instagram ,
IP Litigation ,
Liquidation ,
Settlement Agreements ,
Social Media ,
Social Networks ,
TikTok ,
Trademark Litigation ,
Trademarks ,
Unfair Competition
The impact of COVID-19 restrictions and precautions, combined with trending consumer preferences to shop online, is fueling bankruptcy filings of well-known brick-and-mortar brands. As customers bid farewell to fond strip...more
12/11/2020
/ Brand ,
Brick-and-Mortar Stores ,
Commercial Bankruptcy ,
Copyright ,
Coronavirus/COVID-19 ,
Corporate Branding ,
Domain Names ,
E-Commerce ,
Internet Retailers ,
Logos ,
Patents ,
Retail Market ,
Retailers ,
Trademarks
On May 20, 2019, the U.S. Supreme Court settled the question of whether licensees under trademark agreements rejected by bankruptcy debtors may continue to use licensed marks. In a highly anticipated decision in Mission...more
5/22/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
In the coming months, the U.S. Supreme Court is expected to issue a decision in Mission Product Holdings, Inc. v. Tempnology, LLC that may (yes, we said “may”) resolve a circuit split as to whether trademark licensees can...more
5/14/2019
/ Bankruptcy Code ,
Certiorari ,
Commercial Bankruptcy ,
Debtors ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Popular ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks
Earlier this year, we wrote about the First Circuit’s decision in In re Tempnology, LLC, a bankruptcy case in which the First Circuit cemented a circuit split over whether a trademark licensee could retain its trademark...more
11/9/2018
/ Bankruptcy Code ,
Certiorari ,
Copyright ,
Executory Contracts ,
Intellectual Property Protection ,
IP License ,
Patents ,
Popular ,
SCOTUS ,
Split of Authority ,
Trademarks
In 2015, we wrote about the District of New Hampshire Bankruptcy Court’s decision in In re Tempnology, LLC. That decision was significant because it bucked a recent trend in bankruptcy jurisprudence to permit trademark...more
May 7 was no day at the beach for Multi-Media Tech. Ventures, Ltd., whose registrations for the mark GIDGET were cancelled in a precedential opinion by the Trademark Trial and Appeal Board. Yazhong Investing, Ltd. v....more
In December 2015, the TMCA blogged about a decision in In re Tempnology, LLC, in which the Bankruptcy Court for the District of New Hampshire held that a debtor’s rejection of a licensing agreement in bankruptcy terminated...more
A decision by the Bankruptcy Court for the District of New Hampshire is the latest of a handful of cases in the past few years to weigh in on a circuit split as to whether a licensor of trademark rights can fully terminate a...more