The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured Podcast)
The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured)
3 Key Takeaways | Corporate Perspectives on Intellectual Property
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence: Issues Affecting Creators, Writers and Artists
3 Key Takeaways | New York State Bar Association IP Section Annual Meeting
From Academia to the Marketplace: The Ins and Outs of University Spinout Licenses with Dan O’Korn
#WorkforceWednesday: Invention Ownership - Why the Tense Matters in Employee IP Provisions - Employment Law This Week® - Spilling Secrets Podcast
Impact of Mickey Mouse on public domain. The latest artificial intelligence and intellectual property cases - Thaler lost again. Nirvana Nevermind baby gets day in court. Tolkien estate and more.
(Podcast) The Briefing: Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?
The Briefing: Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?
Podcast: The Briefing - How to Avoid Bearing The Risks of A Naked License
The Briefing: How to Avoid Bearing The Risks of A Naked License
5 Key Takeaways | IP: Beyond the Basics
Navigating the Once-Obscure German Nonresident Withholding Tax
Kidon Podcast: IP War Stories — David Cohen & Richard Vary
Kidon IP War Stories - David Cohen & Bineet Bhasin
Kidon Podcast: War stories on the cutting edge of IP monetization – David Cohen and Eric Stasik
Podcast - The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk
The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk
Understanding NFTs and Their Legal Implications
Be careful when you sell intellectual property (“IP”) in return for future royalty payments. You may think your contract is airtight, guaranteeing you a future annuity on the sales of product relating to your IP, but that...more
As intellectual property becomes a more important part of commerce, the question of how IP licenses are treated in bankruptcy is of more interest to companies negotiating such licenses. When a Chapter 11 bankruptcy is...more
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
In this series, we look at how various payment rights are treated in bankruptcy. A summary like this could not possibly address every right that might arise in any given bankruptcy case. We have omitted several of the...more
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
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
When entering into a joint venture or other ongoing contractual relationship in which intellectual property (“IP”) is central to the value proposition, parties should hope for the best and plan for the worst. Bankruptcy for...more
Kilpatrick Townsend’s Paul Rosenblatt and David Posner, bankruptcy partners, and Marc Lieberstein, a brand licensing and franchise partner, recently published an article in the New York State Bar Association Intellectual...more
Although a valid license can provide a complete defense to patent infringement, the tangled web created when the defense is predicated on a sublicensee’s rights following bankruptcy of the sublicensor may preclude resolution...more
This past spring, the Supreme Court decided Mission Product Holdings, Inc. v. Tempnology, LLC n/k/a Old Cold LLC, 587 U.S. ____ (2019), holding that when a trademark licensor in bankruptcy rejects a trademark license, the...more
Last week, the Federal Circuit revived a patent infringement suit brought by Fraunhofer-Gesellschaft zur Forderung der angewandten Forschung E.V. against Sirius XM Radio Inc. in the District of Delaware when it vacated the...more
FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Dyk, Linn, and Taranto. Appeal from the District of Delaware. Summary: Contract interpretation must be applied in determining whether a sublicense survives...more
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
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
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
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
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
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
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
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
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
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
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
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
What happens to the business of a trademark licensee when the licensor goes bankrupt has always been an uncertain gray area....more