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Throwing Shade At Sunbeam: Following Lubrizol And Not The Seventh Circuit, The First Circuit Leaves Another Trademark Licensee Rejected And Out Of Luck
A Beam Of Sun For Trademark Licensees: Another Appellate Court Holds Rejection Does Not Terminate A Trademark Licensee’s Rights
The Trend Of Protecting Trademark Licensees In Bankruptcy Continues: For The First Time A Court Extends Section 365(n) Protections To Trademark Licensees On Equitable Grounds
A Closer Look At Recent Trends At The Intersection Of Intellectual Property And Bankruptcy Law
Eight Circuit follows Third Circuit's Exide in En Banc Review of Interstate Bakeries
Complex corporate transactions often include ancillary intellectual property licenses. For various reasons, when one company sells off part of its business operations it may not be able to transfer intellectual property rights to the acquiring entity. ... Read full article
In A Reversal, Eighth Circuit Sitting En Banc Protects Trademark Licensee Whose Licensor Went Bankrupt
Image courtesy of Kazuhisa Otsubo ... Read full article
Patent Reform Bill, And Its Revisions To Bankruptcy Code Section 365(n), Stall In The Senate
Image courtesy of Matt H. Wade ... Read full article
Innovation Act, Passed By The House, Would Make Major Changes To Section 365(n)’s IP Licensee Protections
It isn’t law yet, but on December 5, 2013, the U.S. House of Representatives passed a significant patent reform bill known as the "Innovation Act." Although the focus of the legislation is on patent infringement litigation and other patent law ... Read full article
Innovation Act, Passed By The House, Would Make Major Changes To Section 365(n)'s IP Licensee Protections
It isn't law yet, but on December 5, 2013, the U.S. House of Representatives passed a significant patent reform bill known as the "Innovation Act." Although the focus of the legislation is on patent infringement litigation and other patent ... Read full article
Do Trademark Licensees Have Reason For Hope? New Article Discusses Recent Decisions On Trademark Licenses And Bankruptcy
I have written a number of times on the blog about the impact of bankruptcy on trademark licenses , in particular what happens to trademark licensees whose licensors file bankruptcy. Trademark licensees face a real risk of losing their license rights in ... Read full article
Seventh Circuit Bankruptcy Ruling Is Big Win For Trademark Licensees
On July 9, 2012, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC , and in doing so handed a major victory to trademark licensees whose licenses are rejected in ... Read full article
First Published Court Of Appeals Opinion Issued Answering Whether Trademark Licenses Are Assignable In Bankruptcy
It's been a long wait, but we finally have a published decision from a U.S. Court of Appeals answering whether a trademark license is assignable in bankruptcy without the licensor's consent. On July 26, 2011, the U.S. Court of Appeals for the ... Read full article
Third Circuit Decision Suggests Another Way For Trademark Licensees To Protect Against License Rejection In Bankruptcy
Trademark licensees have long faced the serious risk of losing all license rights to a trademark if the licensor files bankruptcy and rejects the trademark license as an executory contract. However, a recent decision from the U.S. Court of Appeals for the ... Read full article
First Published Court Of Appeals Opinion Issued Answering Whether Trademark Licenses Are Assignable In Bankruptcy
It's been a long wait, but we finally have a published decision from a U.S. Court of Appeals answering whether a trademark license is assignable in bankruptcy without the licensor's consent. On July 26, 2011, the U.S. Court of Appeals for the ... Read full article
Third Circuit Decision Suggests Another Way For Trademark Licensees To Protect Against License Rejection In Bankruptcy
Trademark licensees have long faced the serious risk of losing all license rights to a trademark if the licensor files bankruptcy and rejects the trademark license as an executory contract. However, a recent decision from the U.S. Court of Appeals for the ... Read full article