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Debtors Licensees

Alston & Bird

California Enacts Debt Collector Licensure Law

Alston & Bird on

A&B Abstract: On September 25, California Governor Gavin Newsom signed into law Senate Bill 908, which, in part, enacts the California Debt Collection Licensing Act (“Act”). ...more

Cadwalader, Wickersham & Taft LLP

Trademark Licensees’ Rights Survive Bankruptcy Rejection

In Mission Product Holdings, the Supreme Court Endorses “Rejection-as-Breach” Rule and Interprets Broadly the Contract Rights that Survive Rejection - On May 20, 2019, the United States Supreme Court resolved one of the...more

Ballard Spahr LLP

Supreme Court: Licensee's Right to Use Trademarks Survives Licensor's Rejection of Licensing Agreement in Bankruptcy

Ballard Spahr LLP on

The Supreme Court held this week that a debtor-licensor’s rejection of a trademark licensing agreement as an executory contract pursuant to section 365(a) of the Bankruptcy Code does not terminate the licensee’s rights to use...more

Dorsey & Whitney LLP

Mission Accomplished: Supreme Court Rules Licensees May Use Licensed Marks Following Rejection in Bankruptcy

Dorsey & Whitney LLP on

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

Weintraub Tobin

SCOTUS To Decide If Trademark Licensees Lose Their Rights When The Licensor Becomes Insolvent

Weintraub Tobin on

The Supreme Court has granted review in the matter known as Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, where it will decide whether a licensee loses its right to use a licensed trademark if the licensor...more

Foley & Lardner LLP

Trademarks, Bankruptcy, and Leverage: What Manufacturers and Other Trademark License Parties Should Know About A Potential...

Foley & Lardner LLP on

On February 20, 2019, the United States Supreme Court heard oral arguments in the case Mission Products, Inc. v. Tempnology, LLC. The case has important implications for manufacturers and other parties to trademark licenses...more

Sullivan & Worcester

Supreme Court Watch: Mission Product v. Tempnology

Sullivan & Worcester on

On Friday, October 26, 2018, the U.S. Supreme Court granted certiorari in what could be a landmark decision concerning trademark issues in bankruptcy. In Mission Product Holdings, Inc. v. Tempnology LLC, the Court will...more

Cooley LLP

Blog: Trademark Licensees Take Note: The Supreme Court Might Review The Tempnology Decision — And Whether A Licensee Can Keep...

Cooley LLP on

The twists and turns of the In re Tempnology LLC bankruptcy case have been a frequent subject on this blog for good reason. The case addresses whether a trademark licensee, whose licensor files bankruptcy and rejects the...more

Patterson Belknap Webb & Tyler LLP

Trademark Licenses . . . Again (Update No. 2)

Our June 28 post discussed the petition for certiorari in the U.S. Supreme Court seeking review of the First Circuit’s January 12 decision in Mission Product Holdings, Inc. v. Tempnology, LLC. We noted that the respondent’s...more

King & Spalding

Supreme Court Asked to Resolve Circuit Split On Whether Licensee Trademark Rights Survive Rejection in Bankruptcy

King & Spalding on

On June 11, 2018, Mission Product Holdings, Inc. (“MPHI”), a developer of chemical free cooling fabrics, petitioned the U.S. Supreme Court for a writ of certiorari to resolve a circuit split on whether a licensee’s right to...more

Foley Hoag LLP - Making Your Mark

Can a Trademark Licensee Keep Using the Mark after the Licensor Files for Bankruptcy? Circuit Split Heads to U.S. Supreme Court

All you trademark lawyers better sit down, because this may come as a shock: You are not “intellectual property” lawyers . . . at least not according to Section 11 U.S.C. § 101(35A) of the Bankruptcy Code, which intentionally...more

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