Eighth Circuit Holds that Trademark License Granted As Part of Sale Agreement is Not Executory

On June 6, 2014, the United States Court of Appeals for the Eighth Circuit held that a trademark license agreement that Interstate Bakeries Corporation (“IBC”) entered with Lewis Brothers Bakeries, Inc. (“LBB”) as part of a sale of certain business lines was not executory and that IBC therefore could not reject the agreement under § 365(a) of the Bankruptcy Code. Click here to read more