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Mission Accomplished … First Circuit Bankruptcy Appellate Panel Acknowledges Post-Rejection Rights of Licensee of Trademarks

Posted by Jeanne Darcey on Jan 19, 2017 12:06:02 PM

The Bankruptcy Appellate Panel (“BAP”) for the First Circuit recently upheld a licensee’s rights to use a debtor’s trademarks and logo after a rejection by the debtor of the underlying licensing and distribution agreement. Mission Product Holdings, Inc., v. Tempnology LLC (In re Tempnology LLC) 2016 WL 6832837 (Bankr. 1st Cir. 11/18/16). Despite the omission of trademarks in the definition of intellectual property protected by Section 365(n) of the Bankruptcy Code, the BAP determined that the rights of the licensee do not vaporize upon rejection, but rather may be enforced in accordance with the terms of the underlying agreement between the licensee and the Debtor.

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Topics: trademarks, Bankruptcy

Check out our Top 5 Blog Posts of 2016

Posted by Leah Schloss on Jan 6, 2017 10:34:02 AM

#Hashingitout: Is It Worth Registering A Hashtag?

Companies are starting to register key hashtags. However, the hashtag’s legal status remains murky, and is considered a leading legal issue facing marketers. Plus, as with any trademark, registration can be a lengthy and potentially expensive undertaking. So, is it worth registering, particularly when its legal status is unclear?

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Topics: trademarks, litigation holds, clean energy, hashtags, hot topics

Online Retailers: Amazon Decision Allows Proprietary Product Search

Posted by Leah Schloss on Oct 28, 2015 2:44:33 PM

Our colleagues at the Trending Trademarks Blog recently posted a review of the recent decision, Multi Time Machine, Inc. v. Amazon.com, Inc.; Amazon Services, LLC, which states that Amazon does not create "initial interest confusion" by using proprietary product names as keyword terms. 

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Topics: risk management, trademarks, trademark infringement, keyword search, proprietary product search

The legal landscape is changing and we're here to share our perspective

We want to help you lead your legal department both as a manager of people and as a thought leader within your company advising your executives on the myriad legal issues that present opportunities and challenges. We also understand that you may not have time to read every decision, rule change or trend that relates to your daily life in your company, and we hope that we can help keep you up to date on the important stuff. 

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