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Bankruptcy Code Section 365 n Protects Licensees Right to

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New Jersey Bankruptcy Court Decision Protects Rights of Trademark Licensees | Insights | Holland & Knig

New Jersey Bankruptcy Court Decision Protects Rights of Trademark Licensees "Free and Clear" Sale of a Trademark or Intellectual Property License Under Section 363 Does Not Trump Rights of Third Party Licensees under Section 365

Gibson Dunn | Supreme Court Rules That Trademark Licensee Retains License Rights Following Rejection in Bankrupt

... noting that the protections afforded by Bankruptcy Code section 365(n) to licenses of certain types of intellectual property do not apply to trademark licenses. As a result of this decision, licensees of trademarks ...

Trademark Licensees May Be Protected in a Licensor’s .

Bankruptcy Code section 365(n) provides certain protections of the rights of an intellectual property licensee when its debtor-licensor files for bankruptcy and then seeks to reject the license. One such protection is the right to continue using the licensed intellectual property, as embodied on the filing of the bankruptcy, in exchange for ...

Trademark Licenses under the U.S. Federal Bankruptcy Code .

Section 365(n) of the U.S. Bankruptcy Code should be amended to apply to trademark licenses to the same extent as to other types of intellectual property licenses and, accordingly, trademarks, service marks and trade names should be included in the definition of “Intellectual Property” for purposes of that Section; and

Patent protection of Section 365(n) of the U.S. Bankruptcy .

Addressing the first issue raised by the district court for remand, whether the licensees would be “sufficiently protected” if § 365(n) did not apply, the bankruptcy court held that balancing ...

When Worlds Collide: Do Section 365(n) IP Licensee Rights Work In A Chapter 15 Cross-Border Bankruptcy? | Inforupt

Section 365(n) And Licensee Rights. I have discussed in the past how Section 365(n) was added to the Bankruptcy Code to protect licensees of intellectual property in the event ...

Seventh Circuit Upholds Use of Trademark by Licensee .

Seventh Circuit Upholds Use of Trademark by Licensee Following Rejection of Trademark License under Section 365 of the Bankruptcy Code. ... Section 365(n) of the Bankruptcy Code protects the rights of licensees under rejected patent, trade secret and copyright licenses, but the rights of licensees under rejected trademark licenses are often ...

11 U.S. Code § 365 - Executory contracts and unexpired leases | U.S. Code | US Law | LII / Legal Information Institu

U.S. Code Title 11. BANKRUPTCY Chapter 3. CASE ADMINISTRATION Subchapter IV. ADMINISTRATIVE POWERS Section 365. Executory contracts and unexpired leases 11 U.S. Code 365. Executory contracts and unexpired leases U.S. Code Notes ...

Five Things You Should Know for 2017 About Cross-Border IP .

Licensors’ rights can also be put at risk by the bankruptcies of their license counterparties. Section 365(f)(1) of the Bankruptcy Code generally empowers a debtor or trustee in bankruptcy to assume and assign executory contract rights to third parties notwithstanding non-assignment provisions.

First Circuit Bankruptcy Appellate Panel Latest to Warm Up .

First Circuit Bankruptcy Appellate Panel Latest to Warm Up to Protections for Trademark Licensees in Bankruptcy. December 12, 2016. On appeal, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s holding with respect to the exclusive product distribution rights, but rejected its analysis and application of Lubrizol to Mission’s trademark rights.

Trademark Licenses under the U.S. Federal Bankruptcy Code Resoluti

WHEREAS, the uncertainty was resolved for other intellectual property licenses in 1988 by the addition of Section 365(n) to the U.S. Bankruptcy Code; ...

SCOTUS to Decide if Trademark Licensees Lose Their Rights When the Licensor Becomes Insolvent | The IP Law Bl

is whether rejection of a trademark license agreement strips the licensee of the right to use the mark. Although Section 365(n) protects the rights of “intellectual property” licensees, the Bankruptcy Code’s definition of “intellectual property” does not ...

Section 365(n) Protects IP Licensees in Chapter 15 Bankruptcy: Fourth Circuit | Practical L

In Jaffé v. Samsung Electronics Co., Ltd., the US Court of Appeals for the Fourth Circuit affirmed a decision by the US Bankruptcy Court for the Eastern District of Virginia, holding that Section 365(n) of the Bankruptcy Code applied in a Chapter 15 case involving a ...

Seventh Circuit's Take on Section 365(n) of the Bankruptcy Code: What’s the Point? - Weil Bankruptcy BL

Article Contributed by Christopher Linden Section 365(n) of the Bankruptcy Code affords special protection to a licensee of intellectual property when a debtor-licensor rejects its licensing agreement pursuant to ...

Seventh Circuit: Bankruptcy Code's Definition of .

However, a recent decision by the Seventh Circuit provided a trademark licensee with protection when its licensor filed for bankruptcy and rejected the trademark license. Lubrizol Section 365(n) was added to the Bankruptcy Code in 1988, in response to the Fourth Circuit’s decision in Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc ...

Fourth Circuit Protects Patent Licensees from Termination .

afforded to licensees under section 365(n) of the Bankruptcy Code. The Fourth Circuit affirmed a decision of the bankruptcy court that concluded that Bankruptcy Code section 1522—which requires interests of creditors be sufficiently protected to the extent a foreign representative is

Protecting IP Rights From A Licensor’s Bankruptcy: What .

To address this concern, in 1988 Congress added Section 365(n) to the Bankruptcy Code to give licensees special protections. If the debtor or trustee rejects a license, under Section 365(n) a licensee can elect to retain its rights to the licensed intellectual property, including a right to enforce an exclusivity provision.

Bankruptcy Code Section 365(n) Protects Licensees Right to Continued Use of Intellectual Property - FindL

Bankruptcy Code Section 365(n) Protects Licensees Right to Continued Use of Intellectual Property. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com.

Are Trademark Licensees Protected In A Licensor Bankruptcy? | Global IP & Technology Law Bl

In re Tempnology was whether a trademark licensee could take advantage of rights granted intellectual property licensees under Section 365(n) of the Bankruptcy Code. Under Section 365(n), if a debtor rejects an executory contract under which the the ...

M E M 0 RAN D

Section 365{n) protects the licensee's right to continue to use intellectual property if the licensor rejects the license agreement as an executory contract. Specifically, section 6{d) would amend section 1520(a) of the Bankruptcy Code so that it would provide ...

Effects of Licensors’ Duty to Maintain Control Over a Trademark on Licensees’ Ability to Assert Rights Provided Under Section 365 of the .

Assert Rights Provided Under Section 365 of the Bankruptcy Code Arianna Clark, J.D. Candidate 2019 ... APPLICABILITY OF PROTECTIONS OFFERED BY SECTION 365(n) TO TRADEMARK LICENSEES The most important right of a licensor, in any of its ...