News & Analysis as of

Licenses Trademarks

McDermott Will & Emery

Taking the High Road: Ambiguity Regarding “Versions” of Beer Precludes Summary Judgment

The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt...more

Smart & Biggar

How to slice through trademark challenges: Key takeaways for proper trademark licensing

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Licensing trademarks in Canada can be beneficial to a trademark owner when done properly, including providing a potentially powerful source of revenue. However, without careful drafting and management of the license, things...more

Foley & Lardner LLP

The Importance of Due Diligence in M&A Transactions

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In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What Businesses Must Know About Intellectual Property

Many individuals – and all businesses – have intellectual property, including everything from names and brands, to inventions, software, and works of art. Too often those assets go unprotected. As companies prepare to develop...more

Foley & Lardner LLP

IP Toolbox Is Crucial In AI-Powered Drug Discovery

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Navigating the complex landscape of drug discovery requires innovative strategies and interdisciplinary collaborations spanning biotechnology, pharmacology, medicine and engineering. As the cost of developing new drugs...more

ArentFox Schiff

Here Comes The Judge… And Only The Judge: Time to Collect Royalties from Licensing

ArentFox Schiff on

Yankees’ superstar Aaron Judge and the Major League Baseball Players Association (MLBPA) have finally emerged victorious from an intellectual property dispute, which they have been fighting since Judge’s 2017 rookie season....more

Lerman Senter PLLC

Broadcasts and Promotions Related to the Super Bowl

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Super Bowl LVII (57) will be held on February 12, 2023 at State Farm Stadium in Glendale, Arizona. The NFL carefully protects its copyrights and trademarks. If your broadcast station plans to conduct promotions or contests...more

Mintz Edge

Do You Have the Rights? How to Maintain Investor Confidence When Using Third-party Intellectual Property

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Imagine the following scenario: You, as the founder of a business, have spent the past three years building your company. You have been bootstrapping until now, but the company is at a crossroads and in order to grow the...more

ArentFox Schiff

The Metaverse: A Legal Primer for the Health Care Industry

ArentFox Schiff on

The metaverse is widely regarded as the next frontier in digital commerce, with businesses across all industries spending millions of dollars to acquire a digital presence for positioning as market leaders. While it offers...more

Gibney Anthony & Flaherty, LLP

Manufacturing Products with a US Licensee: Key Considerations for Emerging Businesses

In the early stages of doing business, emerging businesses often use a distributor to introduce a product to the US market without a full sales force. This requires a solid distribution agreement. As your business expands,...more

Patterson Belknap Webb & Tyler LLP

Major Development in BCBS Association Antitrust Litigation

Antitrust litigation has been ongoing for several years in the U.S. District Court for the Northern District of Alabama against one of the biggest business associations in America, the Blue Cross Blue Shield Association...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 2

USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways - On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more

McDermott Will & Emery

Supreme Court to Address Trademark Licensee Rights on Rejection of License Agreement During Bankruptcy Proceedings

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The Supreme Court of the United States granted Mission Product Holdings’ petition for certiorari to determine whether a debtor-licensor can terminate the rights of trademark licensees by rejecting its trademark licensing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Good(s) Intentions – What's Enough to Establish Bona Fide Intent to Use?

When used effectively, brand and merchandise licensing can increase the value of a brand by extending it into new, relevant product categories and by further monetizing brand equity. And when seeking to protect a brand in...more

Foley & Lardner LLP

New Jersey Bankruptcy Court Extends Unusual Protection to Trademark Licensees Under Section 365(n)

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A recent Bankruptcy Court decision in New Jersey took an unusual approach in determining the rights of the debtors’ trademark licensees following the debtors’ rejection of the licenses as executory contracts. In In re Crumbs...more

Holland & Knight LLP

New Jersey Bankruptcy Court Decision Protects Rights of Trademark Licensees - "Free and Clear" Sale of a Trademark or Intellectual...

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The United States Bankruptcy Court for the District of New Jersey issued an opinion in In re Crumbs Bake Shop, Inc., No. 14-24287-MBK that provides significant protections for trademark licensees. The opinion was issued on...more

Cooley LLP

Blog: The Trend Of Protecting Trademark Licensees In Bankruptcy Continues: For The First Time A Court Extends Section 365(n)...

Cooley LLP on

The latest example comes in the Crumbs Bake Shop, Inc. Chapter 11 bankruptcy case in New Jersey. On October 31, 2014, Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey rejected a motion by...more

Buchalter

Points & Authorities - Summer 2013: The Entertainment Issue

Buchalter on

In This Issue: - It’s Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy - Clearance: Start Early and Avoid the Clutter - New Faces - Points from the President - The...more

Bradley Arant Boult Cummings LLP

Bankruptcy 101 for Intellectual Property Licenses

Generally, license agreements are “executory contracts” in bankruptcy. Executory means performance is due from both sides. When a party to an executory contract becomes a debtor in bankruptcy, it may either reject or assume...more

King & Spalding

Intellectual Property Newsletter - January 2013

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In This Issue: *News From the Bench - Enough Already, Supreme Court Tells Petitioner in Mythology-Laced Opinion. - Divided Fed. Circuit Affirms Patentability of Claims to a 12-Can Dispenser Carton. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2013 Insights: Corporate Restructuring

The global reach of capital markets, financial difficulties in the eurozone and the multinational nature of many businesses and financial institutions have increased the importance of understanding legal, business and other...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2013 Insights

We are pleased to provide a collection of commentaries on the critical legal issues facing our clients in 2013. There is hope that global economic and market conditions will continue to improve despite ongoing...more

Davis Wright Tremaine LLP

Single Purpose Commercial Prepaid Cards and Their Implementing Practices in Shanghai

In September 2012, the Ministry of Commerce (“MOFCOM”) issued the Administrative Measures on Single Purpose Commercial Prepaid Cards (Tentative) (“Single Purpose Cards Measures”), which took effect on Nov. 1, 2012, and...more

Bennett Jones LLP

Doing Business in Canada: Intellectual Property Law

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Intellectual property (IP) portfolios are valuable assets that must be properly acquired, advantageously exploited and thoroughly protected in all commercially significant jurisdictions. Companies considering doing business...more

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