The Bankruptcy Appellate Panel (“
”) 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. 1
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.