New treatment of trade mark licences in bankruptcy

Having effectively determined that trade mark licences could be categorised as intellectual property licences, the Seventh Circuit held that the rejection of a trade mark licence by a licensor in bankruptcy constituted a breach of the licence agreement in accordance with Section 365(g) of the Bankru...

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Bibliographic Details
Published in:	Managing Intellectual Property
Main Authors:	Karen Artz Ash, Danow, Bret J
Format:	Trade Publication Article
Language:	English
Published:	London Euromoney Institutional Investor PLC 01-09-2012
Subjects:	Agreements Anniversaries Bankruptcy Bankruptcy claims Federal court decisions Intellectual property Licensed products Licenses Licensing Trademarks United States > US
Online Access:	Get full text
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Summary:	Having effectively determined that trade mark licences could be categorised as intellectual property licences, the Seventh Circuit held that the rejection of a trade mark licence by a licensor in bankruptcy constituted a breach of the licence agreement in accordance with Section 365(g) of the Bankruptcy Code. As a practical matter, the decision potentially leaves licensees of rejected trade mark licence agreements in an untenable position since trade mark licences require that the licensor play an active role in approving the quality of products bearing the mark. In any event, the Seventh Circuit's ruling may support protection for a trade mark licensee if its licensor seeks to reject the licence agreement in bankruptcy.
ISSN:	0960-5002