Thank you for sharing!

Your article was successfully shared with the contacts you provided.
U.S. Bankruptcy Court. U.S. Bankruptcy Court.

Generally, under Section 365(g), rejection is treated as a breach of contract immediately prior to the petition date, often leaving the counterparty with little more than a general unsecured damages claim. An exception to this rule exists when the debtor, as licensor of “intellectual property,” rejects, in which case Section 365(n) permits the nondebtor licensee to retain its contractual rights to use the intellectual property for the duration of the agreement. Curiously, however, Congress failed to specifically include trademarks within the Section 101(35A) definition of “intellectual property,” resulting in a split among courts over the proper treatment of a rejected trademark license. Recently widening the split and adding additional gloss is a First Circuit case of first impression, which held that upon rejection of a trademark license, the nondebtor licensee lost all post-rejection rights to use such trademarks in Mission Product Holdings v. Tempnology (In re Tempnology), 2018 U.S. App. LEXIS 870 (1st Cir. Jan. 12, 2018).

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.