Recent Bankruptcy Decision Raises Questions for Trademark Licensees

If you are a licensee under a trademark license, what happens to your license if the licensor winds up in the Bankruptcy Court? A recent United States Circuit Court case demonstrates how uncertain the answer is at this time.

Some bankruptcy basics

Filed under:
USA, Insolvency & Restructuring, Litigation, Trademarks, Dickinson Wright, Bankruptcy, Debtor, Trademark infringement, US Congress, Third Circuit, Fourth Circuit, Seventh Circuit
Location:
USA
Firm:
Dickinson Wright
Collection against Collezione

Two items of interest in the on-going saga of intellectual property enforcement against bankrupt Collezione Europa and its principals, Paul and Leonard Frankel.

Filed under:
USA, New Jersey, North Carolina, Copyrights, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Confidentiality, Bankruptcy, Interest, Discovery, Personal jurisdiction, Design patent, Trademark infringement, Default (law)
Authors:
Jacob S. Wharton
Location:
USA
Firm:
Womble Bond Dickinson (US) LLP
Next Jump agrees to stop using Borders customer list and trademarks

On September 6, 2011, a bankruptcy court approved an agreement between bankrupt bookseller Borders Group, Inc. (“Borders”) and Next Jump, Inc., (“Next Jump”) regarding Next Jump’s alleged trademark infringement and unauthorized use of Borders’ customer information.  Next Jump stipulated that it will not communicate with persons on Borders’ customer list, and that it would remove the Borders name and marks from websites that Next Jump owns or operates.

Filed under:
USA, Insolvency & Restructuring, Litigation, Trademarks, Hunton Andrews Kurth LLP, Bankruptcy, Breach of contract, Trademark infringement, Solicitation, United States bankruptcy court
Location:
USA
Firm:
Hunton Andrews Kurth LLP
Knock Off the Knock-Offs, Part II: SDNY Bankruptcy Court Holds That Defendant’s Judgment Debt on Account of His Company’s Trademark Infringement is Not Dischargeable Under Section 523(a)(6)

As we previously reported here at the Weil Bankruptcy Blog, in Burberry Limited and Burberry USA v.

Filed under:
USA, New York, Insolvency & Restructuring, Litigation, Trademarks, Weil Gotshal & Manges LLP, Bankruptcy, Debt, Trademark infringement, United States bankruptcy court, US District Court for the Southern District of New York
Location:
USA
Firm:
Weil Gotshal & Manges LLP