Andrew Baum

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A recent Bankruptcy Court decision in New Jersey took an unusual approach in determining  the rights of the debtors’ trademark licensees following the debtors’ rejection of the licenses as executory contracts. In In re Crumbs Bake Shop, Inc., Case No. 14-24287 (10/31/14), Judge Michael Kaplan held that the debtors’ licensees were protected by Section 365(n) of the Bankruptcy Code and could continue to use the licensed marks notwithstanding the rejection, even though that section  –…
Last week, on June 12, 2014, the U.S. Supreme Court unanimously held that a Lanham Act false advertising case may be brought even if Food and Drug Administration (FDA) beverage labeling regulations permit use of the challenged claim. Reversing the Ninth Circuit, the Court held in POM Wonderful LLC v. The Coca-Cola Company, that the Lanham Act does not expressly defer to the Food, Drug and Cosmetic Act (“FDCA”) and found no statutory or…
On June 18, 2014, a divided panel of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) ordered cancellation of six of the Washington Redskins’ trademark registrations holding that “Redskins” was a disparaging term when those registrations issued between 1967 and 1990. The registrations will remain in force pending the football team’s planned appeal. As the TTAB majority made clear, the decision affects only the right to register, but not the right…