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In A Major Victory For Trademark Licensees, Supreme Court Holds That Rejection Of A Trademark License Does Not Terminate The Licensee’s Rights

In the Red

After dividing the courts for a number of years, we finally have the answer to the big question of whether rejection of a trademark license by a debtor-licensor deprives the licensee of the right to use the trademark. Chicago American Manufacturing, LLC , 686 F.3d After various disputes over the Agreement, Tempnology filed Chapter 11.

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In A Major Victory For Trademark Licensees, Supreme Court Holds That Rejection Of A Trademark License Does Not Terminate The Licensee’s Rights

In the Red

After dividing the courts for a number of years, we finally have the answer to the big question of whether rejection of a trademark license by a debtor-licensor deprives the licensee of the right to use the trademark. Chicago American Manufacturing, LLC , 686 F.3d After various disputes over the Agreement, Tempnology filed Chapter 11.

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Throwing Shade At Sunbeam: Following Lubrizol And Not The Seventh Circuit, The First Circuit Leaves Another Trademark Licensee Rejected And Out Of Luck

In the Red

Chicago American Manufacturing, LLC , 686 F.3d The Sunbeam court held that rejection is a breach by the debtor and does not terminate the agreement or “vaporize” the rights of the non-breaching party. 3d 382 (7th Cir. In re Tempnology, LLC, 541 B.R. In the Agreement, Tempnology had granted Mission Product Holdings, Inc.

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Rejection Time: On February 20th The Supreme Court Hears Oral Argument On The Big Question In The Tempnology Case — Does A Trademark Licensee Lose Its Rights Upon Rejection?

In the Red

What is the effect of rejection of a trademark license by a debtor-licensor? Here’s the question on which the Supreme Court granted certiorari : 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. The Big Question.

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Trademark Licensees Take Note: The Supreme Court Might Review The Tempnology Decision — And Whether A Licensee Can Keep Trademark Rights After Rejection

In the Red

However, unlike patents, copyrights, and trade secrets, trademarks were not included in the definition of “intellectual property” in Section 101(35A) of the Bankruptcy Code. Chicago American Manufacturing, LLC , 686 F.3d Most courts have held that trademark licensees have no protection under Section 365(n). 3d 382 (7th Cir.

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In A Major Victory For Trademark Licensees, Supreme Court Holds That Rejection Of A Trademark License Does Not Terminate The Licensee’s Rights

In the Red

After dividing the courts for a number of years, we finally have the answer to the big question of whether rejection of a trademark license by a debtor-licensor deprives the licensee of the right to use the trademark. Chicago American Manufacturing, LLC , 686 F.3d After various disputes over the Agreement, Tempnology filed Chapter 11.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On November 7, the Commodity Futures Trading Commission (CFTC) announced that, in 2023 alone, the cumulative penalty amount stemming from consent orders it entered with digital asset-based companies totaled $4.3 For more information, click here. For more information, click here.