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Supreme Court to Probe Trademark Licenses in Bankruptcy

Feb. 19, 2019, 10:00 PM

The Supreme Court will consider Feb. 20 whether to clarify what happens to a trademark license when the owner files bankruptcy.

The case might even answer a question as old as the bankruptcy code: What’s the official definition of an “executory contract” and what does its “rejection” mean, attorney Robert E. Eisenbach III of Cooley LLP told Bloomberg Law. Eisenbach is a long-time bankruptcy practitioner who has published an analysis of the case.

Mission Product Holdings, Inc. v. Tempnology, LLC asks the high court to decide whether a trademark licensee can continue to use that mark after the trademark owner ...