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I have been asked to be a receiver to help collect a judgment. The judgment debtor has intellectual property assets. Plaintiff’s counsel has asked me how hard it will be to get me appointed and if I would be able to sell the...more
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
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
Table of Contents:
- Pearson Education Inc. v. Almgren -
Eighth Circuit affirms bankruptcy court’s order striking textbook publishers’ demand for jury trial on copyright infringement damages, granting minimum...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
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
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
The rest of the story -- still ongoing -- in the case of Guggenheim Capital, LLC v. Toumei....more
Table of Contents
Frerck v. John Wiley & Sons, Inc.
Stan Lee Media, Inc. v. Conan Sales Co., LLC
Frerck v. John Wiley & Sons, Inc., USDC N.D. Illinois, February 7,...more
The “police and regulatory power” exception to the automatic stay in 11 U.S.C. § 362(b)(4)1 and its application to 19 U.S.C. § 3372 investigations by the U.S. International Trade Commission (“ITC”) has recently yielded...more
Intellectual property holders fight to protect their intellectual property assets in good economic times and bad. The potential for recovery of substantial damages for willful infringement can serve as a carrot to encourage...more
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