Supreme Court: Rejection of Trademark License in Bankruptcy is Breach of Contract That Does Not Terminate Licensee’s Right to Use Mark | McDermott

Supreme Court: Rejection of Trademark License in Bankruptcy is Breach of Contract That Does Not Terminate Licensee’s Right to Use Mark

Overview


Peg Duncan Nathan Coco authored this bylined article summarizing the US Supreme Court’s decision to hold that, under 11 USC § 365, a debtor’s rejection of an executory contract in bankruptcy has the same effect as a breach outside bankruptcy, therefore reversing the First Circuit’s ruling in Mission Product Holding Inc v Tempnology LLC.