On May 20, 2019, the U.S. Supreme Court settled the question of whether licensees under trademark agreements rejected by bankruptcy debtors may continue to use licensed marks. In a highly anticipated decision in Mission...more
5/22/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
The U.S. Supreme Court has resolved a circuit split regarding the effect of a debtor-licensor’s rejection of a trademark license pursuant to the Bankruptcy Code. The Court’s decision is good news for trademark licensees, as...more
5/21/2019
/ Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
IP License ,
License Termination ,
Licensees ,
Manufacturers ,
Mission Product Holdings Inc v Tempnology LLC ,
SCOTUS ,
Section 365 ,
Trademark Licenses
In the coming months, the U.S. Supreme Court is expected to issue a decision in Mission Product Holdings, Inc. v. Tempnology, LLC that may (yes, we said “may”) resolve a circuit split as to whether trademark licensees can...more
5/14/2019
/ Bankruptcy Code ,
Certiorari ,
Commercial Bankruptcy ,
Debtors ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Popular ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks
Earlier this year, in Jesinoski v. Countrywide, the Supreme Court answered an important question regarding the procedure for rescinding a residential mortgage refinance loan under the Truth in Lending Act (“TILA”). Under...more