Termination Of Trademark License Agreement
Publicado el 13/4/2021
In cross-referencing the reasons given by the seventh circle, Kagan J. wrote for a majority 8-1 (Gorsuch J. challenged on procedural grounds, Sotomayer J.A. agrees) that the refusal of a contract of execution by a debtor (including, but not limited to a trademark license) is considered a violation outside of bankruptcy and does not withdraw the continuing rights previously granted. With respect to the concern that a licensee`s obligation to monitor and quality control would require the debtor to devote resources to quality control or trademark disability, the court found that Congress had struck a balance between several competing interests in the development of the code and that it did not intend to authorize “everything and everything” to expedite restructuring. Moreover, since the Court`s decision will affect not only trademark agreements, but “almost all enforcement contracts,” the Tribunal refused to issue a judgment on the basis of trademark concerns that “would allow the tail to re-enter the doberman.” You`ll find some provisions in most brand licenses. In a licensing agreement, the following issues must be addressed: Section 365 (a) of the bankruptcy code allows a debtor to refuse a contract of execution (a contract that no party has entered into), and Section 365 (g) states that such a refusal constitutes a breach of that contract. Section 365 (n) provides that the non-intellectual property licensee may continue to use the property as long as he makes all necessary payments under the licence. So what was it about? Trademarks are not included in the definition of “intellectual property” in Section 101 (35A) of the Bankruptcy Act, while other types of intellectual property, including trade secrets, patents and copyright, are explicitly addressed.
Before the Supreme Court`s weighting game, the circuits were divided on the effects of this striking absence. On the one hand, the “Seventh Circuit” treated the denial of a bankrupt trademark licence as a breach of contract outside of bankruptcy, which allowed the licensee to retain all rights received under the contract, as well as a claim for compensation for the breach. On the other hand, the First Circuit treated the refusal as a termination of contract ending all rights of the licensee. Termination and right of appeal – This provision is contained in a licence to encourage parties to cooperate in the settlement of small disputes arising from the agreement.
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