Protecting trademark licensee’s right to continued use of trademark when licensor declares bankruptcy

In the case of In re: Exide Technologies, decided on June 1, 2010, the US Court of Appeals for the Third Circuit reversed two lower court decisions and held that a 1991 agreement between Exide Technologies and EnerSys Delaware Inc., which included a license to EnerSys for use of the “EXIDE” trademark, is not an executory contract that can be rejected by Exide in bankruptcy proceedings.

Filed under:
USA, Insolvency & Restructuring, Litigation, Trademarks, Mayer Brown, Bankruptcy, Debtor, Breach of contract, Debtor in possession, US Code, United States bankruptcy court, Third Circuit
Authors:
Richard M. Assmus , Deborah Schavey Ruff , John J. Voorhees, Jr.
Location:
USA
Firm:
Mayer Brown