Trademarks, Debtors

Trademark Law and Bankruptcy Considerations for Emerging Companies in the Renewable Energy Sector

Foley & Lardner LLP on 11/7/2023

As the renewable energy sector continues to experience significant growth and attract emerging companies, it becomes essential for entrepreneurs and business owners to understand the legal landscape surrounding trademarks and...more

Williams Mullen's COVID-19 Comeback Plan: Identifying IP Opportunities in Today’s Economy

Williams Mullen on 11/3/2020

COVID-19 has taken a significant toll on a variety of businesses, and despite their best efforts, some may end up in bankruptcy. For those businesses, selling IP assets may enable them to find liquidity to satisfy creditors...more

Cannabis Investors and Producers Face Need for Due Diligence

Rivkin Radler LLP on 9/1/2020

The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are...more

Intellectual Property Licenses and Bankruptcy

Neal, Gerber & Eisenberg LLP on 8/28/2020

The COVID-19 pandemic has already caused numerous companies to file for bankruptcy relief and will likely cause many more to do so. In this environment, it is particularly important for both licensees and licensors of...more

Three Steps Licensees Can Take to Protect Their IP Rights in Bankruptcy

Farella Braun + Martel LLP on 8/26/2020

During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key...more

The U.S. Supreme Court Rules That Rejection of a Trademark License Agreement in Bankruptcy Does Not Strip the Licensee of Its...

Jones Day on 8/20/2019

In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement, which constitutes a...more

Supreme Court: Rejection of a Trademark License by a Bankrupt Licensor Doesn't Terminate the License

Ward and Smith, P.A. on 7/18/2019

What happens if you are a trademark licensee and your licensor files for bankruptcy protection? Can the licensor unilaterally terminate your license and prohibit you from using the license – even if you're in the middle of...more

Supreme Court Brings Protections to Licensees of Trademarks

Harris Beach PLLC on 7/11/2019

The United States Supreme Court has rendered a decision that represents a victory for licensees of trademarks throughout the country when faced with a bankrupt licensor....more

Trademark Licenses . . . Again (Update No. 8): The Supreme Court Decides! (Part 2)

Patterson Belknap Webb & Tyler LLP on 7/10/2019

Our May 22 post reported on the Supreme Court’s May 20 decision in Mission Product Holdings, Inc. v. Tempnology, LLC,[1] an 8-1 decision holding that the rejection of a trademark license in which the debtor is the licensor...more

Supreme Court Addresses Effects of Trademark License Rejection in Bankruptcy

McDermott Will & Emery on 7/10/2019

In an 8–1 decision, the Supreme Court of the United States reversed the US Court of Appeals for the First Circuit and held that rejection of a trademark license in bankruptcy constitutes a breach of the license agreement,...more

U.S. Supreme Court Adopts Rule Protecting a Trademark Licensee’s Ability to Use a Trademark after a Bankrupt Licensor’s Rejection...

Mintz - Intellectual Property Viewpoints on 7/8/2019

This past May, in a highly-anticipated decision, the Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC that a debtor’s rejection of an executory contract under Section 365 of the Bankruptcy Code has the...more

Preserving and Protecting Value Following the Recent Supreme Court Decision Shifting the Landscape on Intellectual Property...

Foley & Lardner LLP on 6/26/2019

In May 2019, the U.S. Supreme Court decided the Mission Product Holdings, Inc. v. Tempnology, LLC case. The Mission Products Holdings decision provides a reminder to intellectual property license parties that periodic review...more

US Supreme Court Clarifies Treatment of Rejected Trademark Licenses and Other Executory Contracts in Bankruptcy

Latham & Watkins LLP on 6/25/2019

The Supreme Court holds that a debtor’s rejection of an executory contract in bankruptcy constitutes a breach. Introduction - In Mission Product Holdings, Inc. v. Tempnology, LLC (Tempnology), the US Supreme Court...more

When bankruptcy law and trademark licensing intersect - The Supreme Court’s decision in Mission Product Holdings Inc. v....

Eversheds Sutherland (US) LLP on 6/24/2019

On May 20, 2019, the US Supreme Court clarified that when a trademark licensor rejects a trademark license agreement in a Chapter 11 bankruptcy proceeding, the rejection does not rescind the use rights of the licensee under...more

Trademark License Rights Survive Rejection in Bankruptcy

International Lawyers Network on 6/20/2019

Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee’s rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement. The...more

Supreme Court Shields Trademark License From Licensor’s Rejection in Bankruptcy Court

Perkins Coie on 6/19/2019

The U.S. Supreme Court’s recent decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019) that a trademark licensor’s rejection of a trademark license does not terminate the licensee’s right to use...more

Supreme Court Holds That Trademark Licensor’s Rejection Does Not Rescind or Terminate License

Kramer Levin Naftalis & Frankel LLP on 6/19/2019

On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ---, 139 S. Ct. 1652 (2019), the Supreme Court resolved a split among the circuits, holding that a licensor’s rejection of a trademark license in...more

Supreme Court: Trademark Owner in Bankruptcy Can’t Cancel Its Trademark Licenses

Carlton Fields on 6/14/2019

What happens to the business of a trademark licensee when the licensor goes bankrupt has always been an uncertain gray area....more

On the Mark: Understanding the Supreme Court’s Latest Decision Regarding the Treatment of Trademark Licenses in Chapter 11

Proskauer - New Media & Technology on 6/12/2019

On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court resolved an area of ongoing concern for parties to trademark licenses. The court addressed a circuit split on...more

Supreme Court Clarifies Effects of Bankruptcy on Trademark Licenses

White & Case LLP on 6/12/2019

On May 20, 2019, the Supreme Court held in Mission Products Holdings, Inc. v. Tempnology, LLC that a debtor-licensor's rejection of a trademark license agreement does not "deprive the licensee of its rights to use the...more

Supreme Court Says Rejection of Trademark License in Bankruptcy Acts as a Breach, Creditor-Licensor Can Retain Licensed Rights -...

Bradley Arant Boult Cummings LLP on 6/7/2019

The Supreme Court reminded bankrupt debtors on Monday that mere rejection of a contract does not turn back the clock to avoid contractual obligations. This was the thrust of its holding in Mission Product Holdings, Inc. v....more

Bankruptcy Rejection of Trademark License No Different Than Breach of License by Debtor

Sands Anderson PC on 6/6/2019

Recently, in Mission Product Holdings, Inc. v. Tempnology, LLC, the Supreme Court of the United States decided that rejection of a trademark license by a licensor-debtor in bankruptcy generally does not rescind the right of a...more

MarkIt® to Market - May 2019: The Business of Brands: What Mission Product Holdings Inc. v. Tempnology Tells Us About Trademark...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/4/2019

Much has been made of the Supreme Court’s recent decision in Mission Product Holdings Inc. v. Tempnology, LLC, Case No. 17-1657 (May 20, 2019), which resolved a long-standing split in the circuits as to whether a bankrupt...more

Client Alert: Supreme Court Holds Bankruptcy Cannot Nullify License Agreement

Neal, Gerber & Eisenberg LLP on 6/4/2019

The U.S. Supreme Court’s recent decision in Mission Product Holdings Inc. v. Tempnology, LLC clarifies that a bankruptcy debtor cannot unilaterally revoke its trademark licensee’s right to use a licensed mark pursuant to a...more

Mission Product: Trademarks? Yes. Mootness? No

Hogan Lovells on 6/4/2019

In Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court held that a debtor's rejection of a trademark license does not eliminate the licensee's right to use the trademark through the...more

Trademarks › Debtors

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