A Call To Arms — 365(n) And Trademark Licensees

Law360, New York (May 9, 2012, 2:33 PM EDT) -- On April 11, 2012, briefing before the Seventh Circuit concluded on the direct appeal of the Bankruptcy Court’s decision in Szilagyi v. Chicago Am. Mfg. LLC (In re Lakewood Engineering & Manufacturing Co. Inc.), 459 B.R. 306 (Bankr. N.D. Ill. 2011). In Lakewood, the Bankruptcy Court found support in legislative history to confer on a trademark licensee protections expressly not made available to such licensee by statute.

The debtor in Lakewood was a major manufacturer of box fans. Faced with continuing losses, Lakewood decided to outsource...
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