The core of many companies\u27 business model depends heavily on access to a trademark license. Unfortunately, despite possessing a license and turning a profit, some of these companies run into difficulties and are forced to file for chapter 11. This article analyzes the legal issues faced by a company in this situation. First, it explores the existing tension at the intersection of bankruptcy and trademark law, then discusses the three approaches courts have taken to resolving this tension. It concludes with the proposal that only one of these approaches appropriately balances the competing interests at stake
No general rule of law renders trademark owners liable for products sold or business conducted under...
Disputes about patents and copyrights are today part of the daily news, but trademark controversies ...
In the last seventy years, trademark rights have expanded enormously. Many commentators believe this...
The core of many companies\u27 business model depends heavily on access to a trademark license. Unf...
As trademark rights become an increasingly valuable asset in Chapter 11 reorganizations, it is criti...
The Seventh Circuit created a circuit split in bankruptcy law regarding the rejection of trademark l...
In 1988, Congress amended § 365 of the Bankruptcy Code, which deals with the rejection of executory ...
When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in p...
Section 365 of the Bankruptcy Code empowers debtors to reject burdensome executory contracts. From 1...
In 1988, Congress amended § 365 of the Bankruptcy Code to allow intellectual property licenses to re...
On January 12, 2018, the United States Court of Appeals for the First Circuit held, in In re Tempnol...
(Excerpt) Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor may reject or a...
The business world has moved from using trademarks—simple symbols identifying products—to brands—ric...
In 1985, industries that relied heavily on intellectual property licenses were dealt a severe blow w...
Historically, based on the premise that trademark protection is about consumer welfare, trademark la...
No general rule of law renders trademark owners liable for products sold or business conducted under...
Disputes about patents and copyrights are today part of the daily news, but trademark controversies ...
In the last seventy years, trademark rights have expanded enormously. Many commentators believe this...
The core of many companies\u27 business model depends heavily on access to a trademark license. Unf...
As trademark rights become an increasingly valuable asset in Chapter 11 reorganizations, it is criti...
The Seventh Circuit created a circuit split in bankruptcy law regarding the rejection of trademark l...
In 1988, Congress amended § 365 of the Bankruptcy Code, which deals with the rejection of executory ...
When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in p...
Section 365 of the Bankruptcy Code empowers debtors to reject burdensome executory contracts. From 1...
In 1988, Congress amended § 365 of the Bankruptcy Code to allow intellectual property licenses to re...
On January 12, 2018, the United States Court of Appeals for the First Circuit held, in In re Tempnol...
(Excerpt) Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor may reject or a...
The business world has moved from using trademarks—simple symbols identifying products—to brands—ric...
In 1985, industries that relied heavily on intellectual property licenses were dealt a severe blow w...
Historically, based on the premise that trademark protection is about consumer welfare, trademark la...
No general rule of law renders trademark owners liable for products sold or business conducted under...
Disputes about patents and copyrights are today part of the daily news, but trademark controversies ...
In the last seventy years, trademark rights have expanded enormously. Many commentators believe this...