SCOTUS Series: Mission Product Holdings Inc. v. Tempnology, LLC
February 20, 2019
4:00pm | Room YT01-02听
Reception to Follow
Mission Product could settle a circuit split over the fate of trademark licenses in bankruptcy.
Section 365(n) of the Bankruptcy Code empowers a nondebtor/licensee of rights to 鈥渋ntellectual property鈥 under a rejected contract with the debtor/licensor 鈥渢o retain [the licensee鈥檚] rights 鈥 under such contract and under any agreement supplementary to such contract, to 鈥 intellectual property 鈥 as such rights existed immediately before the case commenced鈥︹ Section 101(35A) of the Bankruptcy Code, in turn, defines 鈥渋ntellectual property鈥 to include trade secrets, patents, patent applications, plant varieties, copyrights and mask works for semiconductor chip products鈥攂ut leaves out trademarks.
Panel:
- Christine Haight Farley
小蓝视频 Washington College of Law, moderator
WilmerHale, Counsel for Petitioner (Mission Product Holdings, Inc.)
Ropes & Gray, Counsel for Respondent (Tempnology, LLC)- &
Debevoise & Plimpton, Counsel for Amicus International Trademark Association (in support of petitioner) - &
Rivkin Radler, Counsel for New York Intellectual Property Association (in support of petitioner)
Kilpatrick Townsend, Counsel for Amicus American Intellectual Property Law Association (in support of neither party)
Pirkey Barber, Counsel for Amicus Intellectual Property Owners Association (in support of neither party)
Issue:
The question in the case is whether the rejection of a license in bankruptcy terminates a licensee鈥檚 right to use licensed trademarks or simply constitutes a breach, which may not preclude the licensee鈥檚 continued trademark exploitation.
UPDATE:
顿别肠颈蝉颈辞苍:听
础谤驳耻尘别苍迟:听;听