On 26 October 2018 the US Supreme Court granted certiorari in the case of Mission Product Holdings Inc v Tempnology LLC. The court will consider to what extent a debtor or licensor's rejection of a trademark licence agreement terminates the rights of a licensee to continue to use the mark. The decision, expected in mid-2019, will resolve a growing split between the circuit courts of appeal.
In prior posts, we discussed the perplexing issue of how and whether a trademark licensee is protected when the trademark owner/licensor files a bankruptcy petition and moves to reject the trademark license in accordance with section 365 of the Bankruptcy Code.
What happens to a trademark license when the brand owner goes bankrupt? This is a question to be addressed by the Supreme Court in Mission Product Holdings, Inc. v.
On Friday, October 26, 2018, the U.S. Supreme Court granted certiorari in what could be a landmark decision concerning trademark issues in bankruptcy. In Mission Product Holdings, Inc. v. Tempnology LLC, the Court will resolve a Circuit Court split and determine whether a debtor-licensor can strip away the rights of its trademark licensees by rejecting its trademark licensing agreements as part of its bankruptcy case.
Mission Product Holdings Inc. v. Tempnology, LLC, Case No. 17-1657, cert. granted (Oct. 26, 2018).
The U.S. Supreme Court has agreed to hear a case addressing the effect a trademark owner’s bankruptcy may have on a licensee’s right to continue to use a mark licensed before the bankruptcy was filed. The case presents an issue that has divided many courts, and may have far-reaching consequences for both trademark owners and trademark licensees.
On October 26, 2018, the U.S. Supreme Court granted a petition for a writ of certiorari in the case of Mission Product Holdings, Inc. v. Tempnology, LLC, to decide the issue of whether a debtor-licensor’s rejection of a trademark license agreement under section 365 of the Bankruptcy Code terminates the rights of the licensee to use the applicable trademarks. No. 17-1657, 2018 WL 2939184 (U.S. Oct. 26, 2018). The appeal arises from a decision by the U.S.
The U.S. Supreme Court has agreed to hear a case that could settle a decades-old debate surrounding the fate of trademark licenses in bankruptcy. The Supreme Court granted Mission Product Holdings’ petition for a writ of certiorari from the First Circuit’s decision in Mission Product Holdings, Inc. v. Tempnology, LLC.
Are a licensee’s rights to use a trademark safe if the licensor files for bankruptcy and rejects the trademark license? This is a question the U.S. Supreme Court may resolve later this year.