Intellectual Property, Commercial Law & Contracts, Bankruptcy

Always Be Prepared: Forecasting a Business Partner's Financial Problems and How to Prepare

by Christopher Giaimo, Donald Workman | BakerHostetler on 4/19/2013

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

Bankruptcy 101 for Intellectual Property Licenses

by Patrick Darby, James Watkins | Bradley Arant Boult Cummings LLP on 3/6/2013

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

Non-Compete Case Law Update: The Mildly Interesting, But Useful, Edition

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/12/2013

The new year is off to a pretty big start. We've already seen significant decisions from federal appellate courts on criminal trade secrets prosecutions and the epic Mattel/MGA "Bratz" dolls dispute. We have a looming debate...more

Points & Authorities - Fall 2012

by Buchalter Nemer on 12/6/2012

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

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

by Casey Servais | Cadwalader - Financial Restructuring on 11/20/2012

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

Sunbeam Products, Inc. V. Chicago American Manufacturing, LLC

by Craig W. Dent, David W. Dykhouse, Brian P. Guiney, Daniel A. Lowenthal | Patterson Belknap Webb & Tyler LLP on 11/16/2012

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

Twenty-Six Years Later, a Lubrizol Split by the Seventh Circuit

by Cadwalader - Financial Restructuring on 11/2/2012

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

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

In re Interstate Bakeries Corporation: Eighth Circuit Affirms Invalidation of Prepaid, Exclusive Trademark License in Bankruptcy

by Ropes & Gray LLP on 9/5/2012

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

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

by McDermott Will & Emery on 9/4/2012

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 Rules on Trademark Licensees’ Bankruptcy Rights"

by Skadden, Arps, Slate, Meagher & Flom LLP on 7/27/2012

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

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

Sunbeam Products: Trademark Licensees Victorious in Seventh Circuit's Bankruptcy Ruling -- What's Next For Licensees and Debtor...

by Morrison & Foerster LLP on 7/25/2012

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

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

by Dechert LLP on 7/18/2012

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

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

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

Federal Appellate Court Addresses Assignment of Trademark Licenses in Bankruptcy

by Loeb & Loeb LLP on 3/2/2012

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

Bankruptcy Code’s Patent Protection Extended to Licensees of Foreign Debtors in Chapter 15 Case

by Dechert LLP on 11/9/2011

In a case of first impression, In re Qimonda AG, the Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”) found that the protections of section 365(n) of the Bankruptcy Code are available to...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

CR&B Alert - Commercial Restructuring and Bankruptcy News - September 2011, Issue 3

by Reed Smith on 9/16/2011

In this Issue: CRAB Bites – Bad Boy Guaranties; CR&B Alert Case Update – Seventh Circuit Upholds Lenders’ Credit Bidding Rights in River Road Decision; Shareholders Permitted to Retain Ownership Under ‘New Value Exception’ to...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

Quinn Emanuel Business Litigation Report - February 2011

by Quinn Emanuel Urquhart & Sullivan, LLP on 2/25/2011

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

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Intellectual Property › Commercial Law & Contracts › Bankruptcy