Whether, under Section 365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. § 365(g)—terminates rights of the licensee that would survive the licensor’s breach under applicable non-bankruptcy law.
For analysis from Rochelle's Daily Wire on the case, please click here.
On May 20, the Court held that rejection of an executory trademark license does not bar the licensee from continuing to use the mark. Click here to read the full opinion.
For ABI Editor-at-Large Bill Rochelle's exclusive analysis of the decision, please click here.
ABI Editor-at-Large Bill Rochelle talks with Bankruptcy Judge Kevin Carey (D-Del.; Wilmington), Paul Hage of Jaffe Raitt Heuer & Weiss (Southfield, Mich.) and Lindsay Milne of Bernstein Shur (Portland, Maine) about the Supreme Court's decision in Mission Product Holdings Inc. v. Tempnology, LLC (17-1657). On May 20, the Court held that rejection of an executory trademark license does not bar the licensee from continuing to use the mark. Ms. Milne represented the party that prevailed in the Supreme Court. Click here to listen to the podcast.
February 20, 2019