This week, the U.S. Supreme Court issued a decision in the Product Holdings, Inc. v. Tempnology, LLC N/K/A Old Cold LLC case previously blogged about here and here. The issue in that case was whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of the mark
Trademark Licensing
Effect of NLRB’s Joint Employer Standard on TM Licensing
By Elizabeth A. Patton on
Posted in Trademark Licensing, Trademarks
The National Labor Relations Board (“NLRB”) is seeking comment through mid-December on its proposed rule establishing a joint employer standard, as set forth in 83 FR 46681. One of our Fox Rothschild partners, Tami McKnew, submitted the following comment to the NLRB, which speaks to the implications of the joint employer rule on…
Cert Granted in TM Bankruptcy Case
By Elizabeth A. Patton on
Posted in Trademark Licensing, Trademarks
As I previously blogged about, there is a circuit split as to whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of the mark or whether the trademark owner/licensor can reject its obligations under the licensing agreement and effectively prohibit the licensee’s continued use of the mark. …
How Bankruptcy Effects Rights Under Trademark Licenses
By Elizabeth A. Patton on
Posted in Trademark Licensing, Trademarks
When a trademark owner/licensor files for bankruptcy, there is an open question as to whether the licensee of the trademark can legally continue use of the mark or whether the trademark owner/licensor can reject its obligations under the licensing agreement and effectively prohibit the licensee’s continued use of the mark. When it comes to the…