This past May, in a highly-anticipated decision, the Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC that a debtor’s rejection of an executory contract under Section 365 of the Bankruptcy Code has the same effect as a breach of contract outside of bankruptcy.

Re Diffraction Diamonds DMCC [2017] EWHC 1368 (Ch)

This case deals with the English Court’s jurisdiction to wind up foreign companies, on the grounds of public interest. While it does not create new law, it is a helpful review of the authorities, particularly Re Titan International Inc [1998] 1 BVLC 102 (“Titan”).

Case Facts

With the announcement today that the Swedish automaker Saab has filed for bankruptcy, we thought it timely to take a look at what happens to trademarks in the context of a bankruptcy proceeding.  SAAB is the owner of nearly 100 U.S.