In May 2019, with its ruling in Mission Products Holding Inc. v. Tempnology, the US Supreme Court resolved a nationwide circuit split regarding what happens to a trademark license when the trademark owner and licensor declares bankruptcy.
USA, Insolvency & Restructuring, Litigation, Trademarks, McDermott Will & Emery, Bankruptcy, Supreme Court of the United States
Lewis Bros. Bakeries, Inc. v. Interstate Brands Corp. (In re Interstate Bakeries Corp.)
USA, Insolvency & Restructuring, Litigation, Trademarks, McDermott Will & Emery, Bankruptcy, Eighth Circuit
Reversing both the bankruptcy court and the district court, the U.S. Court of Appeals for the Third Circuit held that a trademark licensing agreement had been substantially performed and was therefore not subject to rejection under §365(a) of the Bankruptcy Code. In re Exide Technologies, Case No. 08-1872 (3d Cir., June 1, 2010) (Roth, J.) (Ambro, J., concurring).
USA, Insolvency & Restructuring, Litigation, Trademarks, McDermott Will & Emery, Bankruptcy, Breach of contract, Liability (financial accounting), Concurring opinion, US Congress, US Code, United States bankruptcy court, Third Circuit