Bankruptcy Intellectual Property Communications & Media

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Trademark License Not Subject To Rejection In Bankruptcy In Certain Circumstances

Pursuant to 11 U.S.C. § 365, a debtor or bankruptcy trustee has the option, subject to court approval, of electing one of the following three alternatives with respect to an executory contract: (a) assuming the contract, (b)...more

Seventh Circuit says Sherlock Holmes is still copyright-free

A district court decision declaring that the character of Sherlock Holmes is copyright-free was affirmed by the U.S. Court of Appeals for the Seventh Circuit in a unanimous decision written by Circuit Judge Richard Posner....more

Advertising News & Analysis - June 2014

In this issue: - Leading Product Liability Litigator Jessica Grant Joins Venable's SF Office - FindTheBest's 1-2 Punch KOs Patent Troll - The Other Ski Boot Drops – You Shouldn't Collude Over Endorsers...more

THQ Goes Down

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?

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

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...

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

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

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

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

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

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

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?

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

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

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

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