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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Kelley Drye & Warren LLP

PG&E Bankruptcy Judge to FERC: What Part of “Exclusive” Jurisdiction Do You Not Understand?

Kelley Drye & Warren LLP on

U.S. Bankruptcy Judge Dennis Montali recently ruled in the Chapter 11 case of Pacific Gas & Electric (“PG&E”) that the Federal Energy Regulatory Commission (“FERC”) has no jurisdiction to interfere with the ability of a...more

Jones Day

The Turf War Between the Bankruptcy Courts and FERC Escalates

Jones Day on

The recent chapter 11 filings by PG&E Corp. and its Pacific Gas & Electric Co. utility subsidiary (collectively, "PG&E") and FirstEnergy Solutions Corp. have reignited the debate over the power of a U.S. bankruptcy court to...more

Perkins Coie

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

Perkins Coie on

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

Kramer Levin Naftalis & Frankel LLP

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

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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

Carlton Fields

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

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

Sands Anderson PC

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

Sands Anderson PC on

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

Baker Donelson

Supreme Court Resolves Circuit Split to Hold that a Licensee's Trademark Rights Survive Following Rejection of the License in...

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On May 20, 2019, the Supreme Court resolved a significant issue of trademark and bankruptcy law that was decades in the making....more

Tarter Krinsky & Drogin LLP

Mission Accomplished: U.S. Supreme Court Favors Protection Of Trademark Licensee After Bankruptcy Court Rejection of Trademark...

Tarter Krinsky & Drogin LLP on

On May 20, 2019, the U.S. Supreme Court issued a long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. __ (2019) (the Supreme Court decision), resolving a split amongst various...more

Akerman LLP - Marks, Works & Secrets

Rejection (In Bankruptcy) Does Not Spurn Trademark Licensees

Akerman LLP - Marks, Works & Secrets on

The United States Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC (No. 17-1657) (May 20, 2019) resolved a deep circuit split and held that a licensees’ rights under trademark licenses survive a...more

Blank Rome LLP

Supreme Court Resolves Circuit Split on Effect of Rejection of a Trademark Licensing Agreement in Bankruptcy

Blank Rome LLP on

The Supreme Court recently limited the ability of debtors to use contract rejection in bankruptcy to shed unwanted trademark licensees. But the Court acknowledged that the result could change if the trademark licensing...more

BakerHostetler

Mission Products v. Tempnology: The Supreme Court Speaks

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In February, following oral argument before the U.S. Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC, we wrote about the hugely important trademark law issue presented by this case, namely: If a bankrupt...more

McCarter & English, LLP

Supreme Court Settles Long-Standing Trademark Question

McCarter & English, LLP on

On Monday, the U.S. Supreme Court finally resolved a trademark law issue that had remained unsettled for years: whether a bankrupt trademark owner may revoke a trademark licensee’s rights to a licensed trademark by...more

Burr & Forman

Trademark Owners Cannot Use Bankruptcy Law to Revoke Trademark Licenses

Burr & Forman on

On May 20, 2019, the U.S. Supreme Court ruled in an 8-1 decision that a bankrupt debtor and trademark licensor cannot rescind the licensee’s rights to use its trademark by rejecting thelicense agreement in bankruptcy. See...more

Morrison & Foerster LLP

The Supreme Court Clarifies a Trademark Licensee’s Rights After Rejection in Bankruptcy

Morrison & Foerster LLP on

The Supreme Court’s recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC clarifies that a debtor-licensor’s rejection of a trademark license under § 365(a) of the Bankruptcy Code is treated as a breach, and...more

Dorsey & Whitney LLP

The Supreme Court will soon determine whether Trademark License Rights in Bankruptcy Endure or Melt Away

Dorsey & Whitney LLP on

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

Cole Schotz

U.S. Supreme Court To Rule On Rights Of Trademark Licensees Upon Rejection Of A License Agreement Under Section 365 Of The...

Cole Schotz on

On October 26, 2018, the U.S. Supreme Court granted a petition for a writ of certiorari in the case of Mission Product Holdings, Inc. v. Tempnology, LLC, to decide the issue of whether a debtor-licensor’s rejection of a...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

Kramer Levin Naftalis & Frankel LLP

Supreme Court Is Asked To Leave Its Mark On Trademark Licensee’s Rights in Bankruptcy

Kramer Levin Naftalis & Frankel LLP on

We previously blogged (see blog dated February 20, 2018) about the First Circuit’s decision in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), affecting the rights of a...more

Kilpatrick

4 Top Takeaways: Recent Trends Involving Intellectual Property in Bankruptcy

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Kilpatrick Townsend partner David Posner spoke at a recent New York State Bar Association event where he and other panelists discussed the topic “Around the Edges of IP: Complexities of IP in Bankruptcy.” Mr. Posner...more

Cooley LLP

Blog: A Beam Of Sun For Trademark Licensees: Another Appellate Court Holds Rejection Does Not Terminate A Trademark Licensee’s...

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The In re Tempnology LLC bankruptcy case in New Hampshire has produced yet another important decision involving trademarks and Section 365(n) of the Bankruptcy Code. This time the decision is from the United States Bankruptcy...more

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