High Court Places Heavy Burden On Bankrupt TM Licensors
Law360 (May 30, 2019, 1:56 PM EDT) -- Last week's Supreme Court decision is sure to make waves in the often-turbulent ocean of trademark licensing.
In Mission Product Holdings Inc. v. Tempnology LLC, the United States Supreme Court held that an authorized trademark licensee can continue to use a bankrupt licensor's trademarks despite the attempted "rejection" of the licensee agreement by the licensor.
This decision resolved a significant circuit split, at least for trademark licensing agreements, as to whether Section 365 of the Bankruptcy Code can shield a debtor-licensor from its licensees' continued use of licensed trademarks. Trademark owners now, more than ever, have the wind at their faces...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!