Judith L. Grubner publishes article in The Intellectual Property ...

Judith L. Grubner publishes article in The Intellectual Property Strategist on trademark licensees in bankruptcy court

Judith Grubner

Arnstein & Lehr Chicago Partner Judith L. Grubner published an article in the November issue of The Intellectual Property Strategist titled ?Seventh Circuit Protects Trademark Licensees in Bankruptcy Court.? The article discusses Section 365(a) of the Bankruptcy Code, which allows a bankruptcy trustee to reject the executory portion of contracts made with the debtor, and the conflict between the Circuits caused by the recent Seventh Circuit decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, rejecting the Fourth Circuit?s position that when a trustee rejects an executory trademark license, the licensee loses all rights to use the licensed trademarks. The 7th Circuit concluded that rejection of a trademark license was similar to rejection of a lease, which does not end the tenant?s right to possession of the premises.

To read the article in full, please click here.

Source: http://legalnews.arnstein.com/2012/11/19/judith-l-grubner-publishes-article-in-the-intellectual-property-strategist-on-trademark-licensees-in-bankruptcy-court/

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