Intellectual Property Civil Procedure Bankruptcy

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

“Crumbs” of Hope for Trademark Licensees

You are a trademark licensee, and your licensor suddenly declares bankruptcy. Then, to make matters worse, the bankruptcy trustee rejects your licensing agreement. What does this mean for you? Although intellectual...more

New Jersey Bankruptcy Court Extends Unusual Protection to Trademark Licensees Under Section 365(n)

A recent Bankruptcy Court decision in New Jersey took an unusual approach in determining the rights of the debtors’ trademark licensees following the debtors’ rejection of the licenses as executory contracts. In In re Crumbs...more

New Jersey Bankruptcy Court Upholds Trademark Licensees' Rights to Use Trademark Despite Licensor's Bankruptcy

In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey held that trademark licenses may be entitled, under a...more

New Jersey Bankruptcy Court Decision Protects Rights of Trademark Licensees - "Free and Clear" Sale of a Trademark or Intellectual...

The United States Bankruptcy Court for the District of New Jersey issued an opinion in In re Crumbs Bake Shop, Inc., No. 14-24287-MBK that provides significant protections for trademark licensees. The opinion was issued on...more

Blog: The Trend Of Protecting Trademark Licensees In Bankruptcy Continues: For The First Time A Court Extends Section 365(n)...

The latest example comes in the Crumbs Bake Shop, Inc. Chapter 11 bankruptcy case in New Jersey. On October 31, 2014, Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey rejected a motion by...more

Supreme Court’s Denial of Certiorari Strengthens Intellectual Property Licensees’ Protections in Cross-Border Insolvency Cases

Chapter 15 of the Bankruptcy Code provides mechanisms for dealing with cases of cross-border insolvency. On Oct. 6, 2014, the U.S. Supreme Court, in Jaffé v. Samsung Electronics Co., Ltd., denied review of a decision of the...more

Business Litigation Report -- July 2014

In This Issue: - Main Article: ..The Uniform Trade Secrets Act: Differences from the Common Law and from State to State - Noted With Interest: ..Enforceability of Settlement Terms in California...more

The North Carolina General Assembly Nears Passage of Significant Legislation Affecting Business

The North Carolina General Assembly is working on significant legislation affecting the state’s business legal climate. The Legislature is one vote away from adopting Senate Bill 853 (SB 853)[1], which is intended to improve...more

Business Litigation Report -- June 2014

In This Issue: - Main Article: ..Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer - Noted With...more

Ninth Circuit Affirms Plaintiff’s Lack of Standing for Failure to List Copyright as Bankruptcy Asset

Voss v. Knotts et al. - In a concise, unpublished decision, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment in favor of the defendants in a copyright suit on the...more

Business Litigation Report -- February 2014

In This Issue - Firm News: ..Kathleen Sullivan Featured in December 2013 The American Lawyer Cover Story ..Quinn Emanuel Named to BTI’s 2014 “Client Service A-Team” Honor Roll Main Article: ..Overview...more

Business Litigation Report -- September 2013

In This Issue: ..Private Antitrust Litigation in the UK ..First Decision by PTO Under America Invents Act Invalidates Business Method Patent ..September 2013: Bankruptcy & Restructuring Litigation...more

Business Litigation Report -- June 2013

In This Issue: - Three Landmark Decisions for Insurers and RMBS Investors - Shedding Light on a Bankruptcy Safe Harbor: Defining the Reach of Section 546(e) - Practice Area Updates: ..Patent...more

Q&A With Morrison & Foerster's Deanne Maynard

Deanne E. Maynard is a partner in Morrison & Foerster LLP's Washington, D.C., office. She chairs the firm's appellate and U.S. Supreme Court practice group and is a former assistant to the solicitor general at the United...more

Using Recievers to Collect Judgments Against Intellectual Property Assets

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

Eighth Circuit Rules That a “Perpetual” Trademark Licensing Agreement Is an “Executory” Contract Subject to Rejection Under...

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

Business Litigation Report -- November 2012

In This Issue: Firm News: • Amy Candido, Diane Doolittle and Susan Estrich Recognized as “Top Women Lawyers” • Quinn Emanuel Adds More International Arbitration Stars Main Article: •...more

IP Update, Vol. 15, No. 8, August 2012

In This Issue: Patents: Prometheus Rising: In Bancorp, the Battle Between “Claim” and “Inventive Concept” Continues; Prior Art Publications Entitled to Presumption of Enablement; Statements Made During...more

Seventh Circuit Allows Trademark Licensees to Continue Using License After Rejection of Licensing Agreement

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

Business Litigation Report -- June 2012

In This Issue: - Firm News: ..Quinn Emanuel Opens Second German Office in Hamburg Led by Intellectual Property and Antitrust Litigator Dr. Nadine Herrmann ..Former Novartis GC Dr. Thomas Werlen Joins QE...more

In re David Birnbaum

Motion Of The Debtor For An Order Granting Relief From Automatic Stay And Related Relief In Connection With Adversary Proceeding

The rest of the story -- still ongoing -- in the case of Guggenheim Capital, LLC v. Toumei....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - February 16, 2012

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

Quinn Emanuel Business Litigation Report - February 2011

Firm News: Patent Trial Lawyer Gillian Thackray Joins San Francisco Office Quinn Emanuel IP Partner Victoria Maroulis Named One of the Top 45 Women Lawyers Under 45 by The American Lawyer Quinn Emanuel Selected as...more

Quinn Emanuel Business Litigation Report

In this issue Firm News: Commercial Litigator Robert Hickmott Joins London Office Patent Trial Lawyer David Radulescu Joins New York Office Main Articles: Bespoke Litigation: An Alternative to Traditional...more

IP Law: Exercise Caution When Crafting Jury Instructions in Willful Infringement Cases

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

25 Results
|
View per page
Page: of 1

Follow Intellectual Property Updates on: