News & Analysis as of

Commercial Bankruptcy License Agreements

Delaware Court Holds that Trademark License Cannot be Assigned Without Consent

The Delaware bankruptcy court recently decided that a debtor could not assign a trademark license absent the consent of the licensor. The court concluded that federal trademark law and the terms of the license precluded...more

Bankruptcy Dispute Regarding “Coolcore” Trademark Heats Up in the First Circuit

by Dorsey & Whitney LLP on

In December 2015, the TMCA blogged about a decision in In re Tempnology, LLC, in which the Bankruptcy Court for the District of New Hampshire held that a debtor’s rejection of a licensing agreement in bankruptcy terminated...more

First Circuit Bankruptcy Appellate Panel Recognizes Rights of Trademark Licensees in Bankruptcy

by BakerHostetler on

The First Circuit Bankruptcy Appellate Panel recently issued a decision recognizing the rights of trademark licensees when the trademark’s owner files for bankruptcy. In Mission Product Holdings, Inc. v. Tempnology...more

IP Licenses & Bankruptcy Laws (Part 1)

by Field Law on

When a company goes through bankruptcy, it’s a process that can up-end all of the company’s contractual relationships. When that bankrupt company is a licensor of intellectual property, then the license agreement can be one...more

Producers Beware: What happens when your movie distributor files bankruptcy?

The Issue - There has been written a plethora of articles about Bankruptcy Code §365(n) regarding the rights of parties to license agreements when the licensor files a bankruptcy and rejects a license agreement....more

Security Interest v. License Agreement: Low Tech Precautions for the High Tech Investment

by Dorsey & Whitney LLP on

In this exciting age of startups, the market is brimming with opportunities for individuals and entities alike to invest in emerging companies. Today’s rapid rate of technology development justifies investors’ eagerness to...more

Three Point Shot - June 2016

by Proskauer Rose LLP on

Showtime and Top Rank Slug It out over "Fight of the Century" - Who said boxing was dead? Fight fans still bitter over the May 2015 Floyd Mayweather–Manny Pacquiao bout that was far more mega-bore than mega-brawl...more

Alleviate the Fear of a License Counterparty Filing for Bankruptcy

by Polsinelli on

A legitimate fear among companies negotiating license agreements exists, and that is the fear of the license counterparty filing for bankruptcy. Given the business interruption that ultimately could occur as a result of a...more

Emerging Cybersecurity Company’s Distress Offers Important Lessons for Licensees and Lenders

Last week, the United States Court of Appeals for the Sixth Circuit issued a decision in the case of Cyber Solutions International LLC v. Pro Marketing Sales, Inc. Although the decision blazes no new legal territory, the...more

Intellectual Property Issues in Bankruptcy and the Exclusion of Trademark Licenses from the Definition of Intellectual Property

by Jackson Walker on

The Bankruptcy Code divides intellectual property into distinct categories depending upon the particular type of intellectual property. Issues with respect to intellectual property can be of utmost importance in bankruptcy,...more

Blog: Trump Card: Delaware Bankruptcy Court Deals Trademark Owner The Winning Hand Over A Debtor Licensee

by Cooley LLP on

Risky Business. When a debtor is a licensee under a trademark license agreement, does it risk losing those license rights when it files bankruptcy? The question had not been answered in a Delaware bankruptcy case until Judge...more

Blog: What Did The ABI Chapter 11 Commission Recommend On Intellectual Property Licenses And Bankruptcy Issues?

by Cooley LLP on

The American Bankruptcy Institute‘s Commission to Study the Reform of Chapter 11 issued its report last week, capping more than two years of hearings, meetings, and hard work. Having had the honor of testifying before the...more

Bankruptcy and Intellectual Property: Trademark Licenses, Chapter 15, and Pending Legislation

by Cooley LLP on

Introduction - Recent cases have addressed the interplay between intellectual property and bankruptcy, including trademark licenses and Section 365(n)’s application in Chapter 15 cases. Proposed legislation could...more

Where Bankruptcy Law and Intellectual Property Law Intersect

by Lane Powell PC on

The intersection of bankruptcy law and intellectual property law is not a very nice neighborhood. Anyone dealing with intellectual property license agreements must think about how these agreements are affected if one party to...more

The Eighth Circuit Weighs In on Trademark Licenses as Executory Contracts in Bankruptcy Proceedings

by McDermott Will & Emery on

Lewis Bros. Bakeries, Inc. v. Interstate Brands Corp. (In re Interstate Bakeries Corp.) - An en banc panel of the U.S. Court of Appeals for the Eighth Circuit reversed an earlier ruling of the same court finding that a...more

Points & Authorities - Summer 2013: The Entertainment Issue: It’s Always Something: The Repeated Assaults on Licensee Rights in...

by Buchalter on

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

How Does Bankruptcy Affect Rights Under an Agreement Not to Sue on Patents?

by Mintz Levin on

When a debtor rejects an executory contract, Section 365(n) of the Bankruptcy Code allows a licensee of intellectual property to retain certain rights under the rejected contract. An important question arises, therefore,...more

What Happens to a Technology Licensee’s Rights if the Licensor Goes Bankrupt?

by Ervin Cohen & Jessup LLP on

When a company’s losses and obligations send it into bankruptcy, one of its most powerful tools available in trying to reorganize and emerge is Section 365 of the U.S. Bankruptcy Code. Section 365 allows the bankrupt company...more

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