COVID-19 M&A Lessons
USA, Company & Commercial, Corporate Finance/M&A, Environment & Climate Change, Insolvency & Restructuring, Litigation, Public, Hunton Andrews Kurth LLP, Bribery, Corporate governance, Private equity, Climate change, Supply chain, Sexual harassment, Due diligence, ESG, Coronavirus
Yesterday, in Mission Product Holdings v. Tempnology LLC, the Supreme Court held that a trademark licensee may continue using a licensed trademark after its licensor files for bankruptcy and rejects the relevant license agreement. While a debtor-licensor may "reject" a trademark license agreement under Section 365 of the Bankruptcy Code, such rejection is only a breach of the agreement and does not allow the licensor to revoke the licensee's rights.
USA, Insolvency & Restructuring, Litigation, Trademarks, Hunton Andrews Kurth LLP, Supreme Court of the United States