On February 20, the Supreme Court will hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First Circuit. The case presents the question of whether a debtor-licensor’s rejection of an executory trademark license agreement in bankruptcy, pursuant to 11 U.S.C. § 365, results in the agreement’s complete termination, including loss of the licensee’s right to use the licensed trademark. Given that trademarks are the most widely used form of registered intellectual property, and trademark rights often are among a debtor’s key assets, the treatment of the debtor’s licenses of those rights is an issue that arises frequently in the bankruptcy context. For this reason, among others, the issue presented by this case has been hailed by the International Trademark Association (INTA) as “the most significant unresolved legal issue in trademark licensing.”
The post SCOTUS to Hear ‘The Most Significant Unresolved Legal Issue in Trademark Licensing’ in Mission Product Holdings Inc. v. Tempnology, LLC appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- CAFC: Prior Art Requires Written Support for Jepson Claim
- The Return of a Mandate on Patent Infringement Precludes Further Consideration of Issues Actually Decided
- CAFC Affirms TTAB Ruling that FIREBALL is Not Generic but Competitor’s Mark Won’t Confuse
- John Squires Becomes Official Nominee to Head USPTO
- Other Barks & Bites for Friday, March 7: Lashify Wins ITC Appeal on Economic Prong Analysis; CAFC Says Apple Did Not Violate Discovery Obligations at PTAB; and ParkerVision Files Reply Brief on Rule 36 Appeal at SCOTUS