Case Study: In Re XMH

Law360, New York (March 21, 2012, 12:40 PM EDT) -- A recent decision by the Seventh Circuit Court of Appeals contains two important lessons for anyone drafting documents that contain a trademark license. In In re XMH Corporation, the Seventh Circuit held that a licensee may not assign a trademark license in a bankruptcy case over the licensor's objection unless there is an express provision in the agreement containing the license which authorizes an assignment.[1] However, the court also held that "service contracts" relating to the production of trademarked goods, but not expressly stated to be...
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