News & Analysis as of

Trademark Licenses Bankruptcy Appellate Panel (BAP)

Jones Day

The U.S. Supreme Court Rules That Rejection of a Trademark License Agreement in Bankruptcy Does Not Strip the Licensee of Its...

Jones Day on

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

Ward and Smith, P.A.

Supreme Court: Rejection of a Trademark License by a Bankrupt Licensor Doesn't Terminate the License

Ward and Smith, P.A. on

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

Harris Beach PLLC

Supreme Court Brings Protections to Licensees of Trademarks

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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

Patterson Belknap Webb & Tyler LLP

Trademark Licenses . . . Again (Update No. 8): The Supreme Court Decides! (Part 2)

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

McDermott Will & Emery

Supreme Court Addresses Effects of Trademark License Rejection in Bankruptcy

McDermott Will & Emery on

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

Mintz - Intellectual Property Viewpoints

U.S. Supreme Court Adopts Rule Protecting a Trademark Licensee’s Ability to Use a Trademark after a Bankrupt Licensor’s Rejection...

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

Foley & Lardner LLP

Preserving and Protecting Value Following the Recent Supreme Court Decision Shifting the Landscape on Intellectual Property...

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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

Latham & Watkins LLP

US Supreme Court Clarifies Treatment of Rejected Trademark Licenses and Other Executory Contracts in Bankruptcy

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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

Eversheds Sutherland (US) LLP

When bankruptcy law and trademark licensing intersect - The Supreme Court’s decision in Mission Product Holdings Inc. v....

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

International Lawyers Network

Trademark License Rights Survive Rejection in Bankruptcy

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

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

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

Carlton Fields on

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

Proskauer - New Media & Technology

On the Mark: Understanding the Supreme Court’s Latest Decision Regarding the Treatment of Trademark Licenses in Chapter 11

On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court resolved an area of ongoing concern for parties to trademark licenses. The court addressed a circuit split on...more

White & Case LLP

Supreme Court Clarifies Effects of Bankruptcy on Trademark Licenses

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On May 20, 2019, the Supreme Court held in Mission Products Holdings, Inc. v. Tempnology, LLC that a debtor-licensor's rejection of a trademark license agreement does not "deprive the licensee of its rights to use the...more

Bradley Arant Boult Cummings LLP

Supreme Court Says Rejection of Trademark License in Bankruptcy Acts as a Breach, Creditor-Licensor Can Retain Licensed Rights -...

The Supreme Court reminded bankrupt debtors on Monday that mere rejection of a contract does not turn back the clock to avoid contractual obligations. This was the thrust of its holding in Mission Product Holdings, Inc. v....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

Neal, Gerber & Eisenberg LLP

Client Alert: Supreme Court Holds Bankruptcy Cannot Nullify License Agreement

The U.S. Supreme Court’s recent decision in Mission Product Holdings Inc. v. Tempnology, LLC clarifies that a bankruptcy debtor cannot unilaterally revoke its trademark licensee’s right to use a licensed mark pursuant to a...more

Hogan Lovells

Mission Product: Trademarks? Yes. Mootness? No

Hogan Lovells on

In Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court held that a debtor's rejection of a trademark license does not eliminate the licensee's right to use the trademark through the...more

Akerman LLP

Rejection (In Bankruptcy) Does Not Spurn Trademark Licensees

Akerman LLP 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

Manatt, Phelps & Phillips, LLP

Supreme Court: Bankruptcy Law Cannot Unilaterally Revoke Trademark License

In Mission Product Holdings Inc. v. Tempnology LLC, the Supreme Court, in an 8-to-1 decision, held that bankrupt trademark owners cannot use bankruptcy law to unilaterally revoke a trademark license. The Court summarized the...more

Jones Day

"Rejection" of a Trademark License in Bankruptcy Is a Breach, Not a Rescission

Jones Day on

Bankruptcy protection under Section 365 does not give brand owners/debtor-licensors the unilateral right to rescind trademark licensing agreements. In a closely watched decision involving both trademark and bankruptcy law,...more

Baker Donelson

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

Baker Donelson on

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...

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

Fox Rothschild LLP

Supreme Court Opinion: Bankruptcies Do Not Revoke TM Licenses

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This week, the U.S. Supreme Court issued a decision in the Product Holdings, Inc. v. Tempnology, LLC N/K/A Old Cold LLC case previously blogged. The issue in that case was whether, when a trademark owner/licensor files for...more

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