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Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
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Municipal Bankruptcies – Interview with Bill Kannel, Member, Mintz Levin
Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case
Getting the best result when you file bankruptcy: don't file with outdated information
In This Issue:
- The Hidden Power of Routine Contract Provisions
- Bankruptcy: Preference Defendants Don’t Feel “Preferred"
- What’s That Symbol All About? Protecting Your Trademarks with Proper Notice...more
What is IP in the Bankruptcy World? -
In bankruptcy, intellectual property (IP) licenses are considered property of the bankruptcy estate, and a bankrupt party can do a variety of things with these licenses. It is...more
In This Issue -
..Kathleen Sullivan Featured in December 2013 The American Lawyer Cover Story
..Quinn Emanuel Named to BTI’s 2014 “Client Service A-Team” Honor Roll
No one has ever asserted that the bankruptcy arena is for the faint hearted. on the road to development of a plan of reorganization (or more commonly these days, a sale of all of the debtor’s assets), there can be bruising...more
The Court of Appeals for the Fourth Circuit, in Jaffe v. Samsung Elecs. Co., Ltd., recently held that a U.S. bankruptcy court is not required under principles of comity to blindly apply foreign law to assets located in the...more
In This Issue:
- False Notes in the Music Industry: Fiduciary Duty of Business Partners
- Bankruptcy and Government Contractors
- “I Have a Registered Trademark, Now What?” 3 Steps to Monitor and Enforce Your...more
Intellectual property rights are critical to various economic sectors. Many companies depend on licensed technology to operate and survive. The licensor-licensee relationship may deteriorate, especially if the licensor starts...more
As the American economy continues to slog through the ongoing Great Recession, even financially sound companies face challenges due to the continued economic malaise. In particular, a company that works with suppliers,...more
Generally, license agreements are “executory contracts” in bankruptcy. Executory means performance is due from both sides. When a party to an executory contract becomes a debtor in bankruptcy, it may either reject or assume...more
In This Issue:
- The Innovative Design Protection Act: Bound for Success or Doomed to Fail?
- Strategic Licensing Considerations
- New Faces
- Points from the President
- Think Again Before Walking Away from...more
The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract subject to assumption or rejection under...more
The U.S. Court of Appeals for the Seventh Circuit in Chicago has issued a decision with significant implications for licensees of trademarks whose licensors become debtors in bankruptcy. In Sunbeam Products, Inc. v. Chicago...more
Chief Judge Frank Easterbrook of the Seventh Circuit recently created a split of authority regarding the rejection intellectual property licenses in bankruptcy by upholding a decision protecting a trademark licensee’s ability...more
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
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
Acquirors of branded businesses often acquire prepaid, perpetual, exclusive trademark licenses to use the business’s trademarks. On August 30, 2012, the U.S. Court of Appeals for the Eighth Circuit ruled that a bankrupt...more
In This Issue:
Prometheus Rising: In Bancorp, the Battle Between “Claim” and “Inventive Concept” Continues; Prior Art Publications Entitled to Presumption of Enablement; Statements Made During...more
In Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, Case No. 11-3920, 2012 WL 2687939 (7th Cir. July 9, 2012) (“Sunbeam”), the Seventh Circuit split with the Fourth Circuit by issuing a decision that could have...more
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 licensees can continue using licensed trademarks after their licenses are rejected in bankruptcy, the U.S. Court of Appeals for the Seventh Circuit ruled on July 9, 2012, in Sunbeam Products, Inc. v. Chicago...more
The Court of Appeals for the Seventh Circuit, in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, recently issued a decision that holds contrary to the only other court of appeals that has addressed the issue —...more
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
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
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
A recent decision by the Seventh Circuit Court of Appeals contains two important lessons for anyone drafting documents which contain a trademark license. In In re XMH Corporation, the Seventh Circuit held that a licensee...more
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