I have written a number of times on the blog about the impact of bankruptcy on trademark licenses, in particular what happens to trademark licensees whose licensors file bankruptcy. Trademark licensees face a real risk of losing their license rights in bankruptcy since they have no protection under Section 365(n) of the Bankruptcy Code. However, recent decisions, including an important decision last summer from the U.S. Court of Appeals for the Seventh Circuit, may give licensees reason for hope.
An article I wrote discussing these recent developments was just published by the American Bar Association’s Business Law Section in its online publication, Business Law Today. The article, titled "There’s Something Happening Here: Recent Bankruptcy Developments May Given Trademark Licensees Reason to Hope" is available by following the link. You can also download a PDF of the article.
I hope you find the article of interest.
Bob Eisenbach
Listed in The Best Lawyers in America® for Bankruptcy and Creditor-Debtor Rights Law, and recognized as one of Northern California’s Super Lawyers®, Bob focuses his practice on restructuring, bankruptcy, distressed M&A, and related litigation. He is regularly involved in cases throughout the country, including California, Delaware, and New York.