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v Tempnology, LLC case: Whether, under 365 of the Bankruptcy Code,a debtor-licensors rejection of a license agreementwhich constitutes a breach of such contract, 11 U.S.C.365(g)terminates One of its first motions in the bankruptcy case was to reject the Agreement and the focus quickly turned to the trademark license.
v Tempnology, LLC case: Whether, under 365 of the Bankruptcy Code,a debtor-licensors rejection of a license agreementwhich constitutes a breach of such contract, 11 U.S.C.365(g)terminates One of its first motions in the bankruptcy case was to reject the Agreement and the focus quickly turned to the trademark license.
The twists and turns of the In re Tempnology LLC bankruptcy case have been a frequent subject on this blog for good reason. The case addresses whether a trademark licensee, whose licensor files bankruptcy and rejects the license agreement, retains any rights to use the trademark — or instead is out of luck. A Wild Ride.
The case has gone from the bankruptcy court , to the Bankruptcy Appellate Panel , and then to the First Circuit. In response to Lubrizol , Congress enacted Section 365(n) of the Bankruptcy Code to protect licensees of enumerated types of intellectual property from the impact of rejection. 3d 382 (7th Cir.
When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. Following Tempnology’s rejection of an agreement containing a trademark licensee, the New Hampshire Bankruptcy Court ruled that the licensee could no longer use the licensed trademarks.
v Tempnology, LLC case: Whether, under §365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. One of its first motions in the bankruptcy case was to reject the Agreement and the focus quickly turned to the trademark license. The Long And Winding Road.
John’s University School of Law American Bankruptcy Institute Law Review Staff Endo Pharmaceuticals (“Endo”) develops, manufactures, markets, and distributes prescription pharmaceutical products. Endo filed a notice of suggestion of bankruptcy and automatic stay of proceedings in the D.C. Kathleen Gatti St.
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