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The Brand Protection Blog
Supreme Court settles trademark Circuit split
By Susan Ross (US), Joy Wang (US)
On May 20, 2019, the US Supreme Court ruled that a licensor's rejection of a trademark license in bankruptcy does not terminate the licensee's right to continue using the licensed…
Retained Interest
Not so distant ripples in the pond: The Supreme Court’s Tempnology decision and equipment leasing
By Thomas S. Kiriakos, Sean T. Scott, Tyler R. Ferguson
On May 20, 2019, the Supreme Court decided Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657. In an 8-1 decision, and in a majority opinion authored by Justice Kagan,…
Real Bankruptcy Intel
Trademark Licensee May Continue Using Trademark Following Debtor’s Rejection of License Agreement, Supreme Court Rules
By Tyler R. Ferguson, Sean T. Scott, Thomas S. Kiriakos
Yesterday, in an 8-1 decision, the US Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC1 that under Section 365 of the Bankruptcy Code, a debtor-licensor’s rejection of a…
Franchise Law Update
Tempnology: Rejection of Executory Contract is Not Rescission
The long awaited ruling in Mission Products Holding, Inc. v. Tempnology LLC (In re Tempnology) has simplified the intersection of bankruptcy and trademark law, with the court holding that rejection…
In The (Red)®
In A Major Victory For Trademark Licensees, Supreme Court Holds That Rejection Of A Trademark License Does Not Terminate The Licensee’s Rights
A Big Answer To A Big Question. After dividing the courts for a number of years, we finally have the answer to the big question of whether rejection of a…
Libation Law Blog
Lawsuit against founder/brewer after brewery’s failure provides lessons for founders dealing with investors.
Haplessness appears to have saved the founder/head brewer of a brewery that never got off the ground from having to stick with a debt after filing for personal bankruptcy and…
Financial Services Perspectives
ABI Commission’s Final Report on Consumer Bankruptcy Issues, What Creditors Need to Know
By Alexandra Dugan, Erin Malone-Smolla
The American Bankruptcy Institute’s Commission on Consumer Bankruptcy released its Final Report and recommendations on April 12, 2019. The commission was created in 2016 to research and develop recommendations to…
Bankruptcy & Restructuring Law
New Delaware Chapter 11 Filing – Kona Grill, Inc.
By Cole Schotz
Kona Grill, Inc. (OTCMKTS: KONA), along with eight affiliates and subsidiaries, has filed a petition for relief under chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the…
In The (Red)®
Official Bankruptcy Forms Revised To Reflect April 1, 2019 Dollar Amount Adjustments Now In Effect
As discussed in an earlier post called “Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019,” various dollar amounts in the Bankruptcy Code and related statutory provisions were…
The IP Law Blog
SCOTUS to Decide if Trademark Licensees Lose Their Rights When the Licensor Becomes Insolvent
By Intellectual Property Group
The Supreme Court has granted review in the matter known as Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, where it will decide whether a licensee loses its right…