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High Court Says Bankrupt Brands Can't Nix TM Licenses

Law360 (May 20, 2019, 10:25 AM EDT) -- The U.S. Supreme Court ruled Monday that defunct brand-owning companies cannot use bankruptcy law to unilaterally revoke a trademark license, settling a circuit split that had been called "the most significant unresolved legal issue in trademark licensing.”

The U.S. Supreme Court on Monday resolved a circuit split over whether a belly-up trademark owner can use bankruptcy to revoke a license. (AP)

By an 8-1 vote, the justices ruled that a bankrupt company's decision to "reject" an existing contract does not revoke a trademark licensee's right to continue using the mark.

The decision defines the extent of certain protections granted to debtors...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

3422 Appeal 28 USC 158

Date Filed

June 12, 2018

Law Firms


Government Agencies