Bankruptcy, Communications & Media Law, Intellectual Property

THQ Goes Down

by Derek Allen | Winthrop & Weinstine, P.A. on 12/28/2012

As 2012 winds down and we all recover from what I’m sure was a wonderful Festivus celebration (I know I’m still feeling the effects of a particularly bloody Feats of Strength and an overly ambitious Airing of Grievances...more

Whither Hostess Brands?

by Winthrop & Weinstine, P.A. on 11/19/2012

Most have probably heard today’s news that Hostess Brands is going out of business. This is sad news on many fronts, the most significant of which is the loss of livelihood for some 18,000 individuals....more

Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks

by Levenfeld Pearlstein on 10/9/2012

Originally published in the October 2012 issue of The Bankruptcy Strategist. Much has been written over the past 20-plus years, in court decisions and scholarly articles, about the omission of “trademarks” from the...more

"Rejection of Perpetual, Royalty-Free, Exclusive Trademark License Permitted by Eighth Circuit Ruling: Lewis Brothers Bakeries...

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/1/2012

The U.S. Bankruptcy Code generally limits a Chapter 11 debtor-licensor’s ability to reject intellectual property licenses, but trademark licenses are not subject to such limitations. Trademark license agreements that are...more

Sunbeam Decision Gives a Ray of Hope to Intellectual Property Licensees

by Mintz Levin - Bankruptcy, Restructuring &... on 7/27/2012

Licensees of intellectual property, especially trademarks, may breathe easier thanks to a Circuit-splitting decision authored by the Seventh Circuit Court of Appeals earlier this month. In Sunbeam Products, Inc. v. Chicago...more

Trademark Licensee’s Rights Survive Rejection of License in Bankruptcy in Sunbeam Decision

by Katten Muchin Rosenman LLP on 7/18/2012

In reaction to a decision by the U.S. Court of Appeals for the Fourth Circuit, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985), in which the court held that a licensee of patents,...more

Two Recent Decisions From Courts of Appeals Address Important Intellectual Property Issues in Bankruptcy

by Davis Wright Tremaine LLP on 7/12/2012

In the last two weeks, the 6th Circuit and 7th Circuit Court of Appeals each issued decisions on important intellectual property issues in bankruptcy. In the first decision, the 6th Circuit held that bankruptcy's...more

Seventh Circuit Strengthens Protection for IP Licenses in Bankruptcy

by Ropes & Gray LLP on 7/12/2012

On July 9, 2012, the United States Court of Appeals for the Seventh Circuit significantly strengthened the potential ability of licensees to trademarks, international intellectual property, and other rights to continue to...more

Sunbeam Products: 7th Circuit Says "No" to Lubrizol, "Yes" to Trademark Licensees in Bankruptcy Cases

by Foley & Lardner LLP on 7/11/2012

On July 9, 2012, the United States Court of Appeals for the Seventh Circuit issued a decision in Sunbeam Products, Inc. v. Chicago American Mfg., LLC (No. 11-3920), a case that addresses the effect of a bankruptcy trustee's...more

Points & Authorities - Spring 2012

by Buchalter Nemer on 5/20/2012

In This Issue: - Brinker: Meal and Rest Periods Clarified, But... - Dodd-Frank and Bankruptcy Law - New Faces: Points from the President - Celebrity Brands: To Wed or Not to Wed? - How Safe is your...more

Coming Soon to a Store Near You...Tavern on the Green Ketchup?

by Winthrop & Weinstine, P.A. on 10/6/2011

There’s been a lot of ink spilled on Duets Blog about the long saga of the Tavern on the Green, here, here and here. The last we heard, back in March of 2010, was that a judge had ordered the cancellation of the trademark...more

Handling Trademark Licensees in Bankruptcy: Part Two

by Oliver Herzfeld on 8/1/2011

This two-part article provides an overview of the main issues faced and decisions to be made by a trademark licensor whose licensee has filed for bankruptcy in the U.S. It covers the following four scenarios: (i) if the...more

Handling Trademark Licensees in Bankruptcy

by Oliver Herzfeld on 6/1/2011

This two-part article provides an overview of the main issues faced and decisions to be made by a trademark licensor whose licensee has filed for bankruptcy in the U.S. It covers the following four scenarios: (i) if the...more