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Category Archives: Bankruptcy

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Trademark Licensees May Be Protected in a Licensor’s Bankruptcy Even After a “Free and Clear” Sale

Posted in Bankruptcy, Trademark, Trademark Licensing

Written by: Kevin J. Walsh and Eric R. Blythe The Bankruptcy Code generally permits intellectual property licensees to continue using licensed property despite a licensor’s bankruptcy filing. However, because the “intellectual property” definition in the Bankruptcy Code does not include “trademarks,” courts have varied on whether trademark licensees receive similar protection. A New Jersey bankruptcy court… Continue Reading

Sunbeam Decision Gives a Ray of Hope to Trademark Licensees

Posted in Bankruptcy, Trademark, Trademark Licensing

Written by Geri Haight Our colleagues in the Bankruptcy Section published a client advisory on a recent decision that has important implications for the bankruptcy rights of trademark licensees (and licensees of other forms of intellectual property).  In Sunbeam Products, Inc. v. Chicago American Mfg., LLC, the Seventh Circuit examined whether the rights of a trademark licensee… Continue Reading

The Future of the SAAB Trademarks: Trademarks in Bankruptcy

Posted in Bankruptcy, Trademark, Trademark Licensing

Written by Geri Haight and Susan Weller With the announcement today that the Swedish automaker Saab has filed for bankruptcy, we thought it timely to take a look at what happens to trademarks in the context of a bankruptcy proceeding.  SAAB is the owner of nearly 100 U.S. trademark registrations (for SAAB, ECOPOWER, BIOHYBRID, 9-3, among others). Since trademarks are… Continue Reading