Trending Trademarks

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

Posted by Jeanne Darcey on January 19, 2017 at 11:59 AM
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. 1 st 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

The Brexit and Trademark Rights

Posted by Michael Palmisciano on June 24, 2016 at 5:19 PM

The United Kingdom has voted to leave the European Union (the Brexit). In the short term, the Brexit vote will not impact trademark rights in Europe. The Brexit will not affect national UK trademark registrations, and EUTM registrations will be valid in the UK for the foreseeable future. Moving forward, however, the UK will no longer be a member of the EU’s unitary trademark system, under which a single EUTM registration gives a registrant enforceable rights in each EU member country. UK legislators will need to decide whether existing EUTM registrations will remain valid in the UK or whether to establish a mechanism to convert EUTMs to national registrations. The Brexit could also impact the EUTM registration system and leave vulnerable to cancellation those registrations that are used primarily in the UK. Further, questions may arise from trademark license agreements that convey EUTM rights or are limited in scope to the EU. We will follow these developments and keep you informed.

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Topics: trademarks, EU, Brexit

Fowling Proprietor Gets Bonked -- Lessons in Avoiding Loss of Trademark Rights

Posted by Lawrence Robins on April 15, 2016 at 2:24 PM

Will Rogers once said “Letting the cat out of the bag is a whole lot easier than putting it back in.”  While he surely didn’t intend it that way, this is sage advice to incipient trademark owners. Consider, if you will, the “sport” of Fowling. 

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Topics: trademarks, Sports, USPTO

Panera and Great Harvest Argue over Tagline

Posted by Laura Stacey on April 13, 2016 at 3:08 PM

Panera Bread and the Great Harvest Bread Co. will not be breaking bread together anytime soon. To the contrary, Great Harvest recently filed a trademark lawsuit against Panera over Panera’s “food as it should be” campaign, which is meant to reflect Panera’s philosophy of clean ingredients and menus based on whole foods.   

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Topics: trademarks, USPTO

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Trending Trademarks provides comments and analysis on trademark issues affecting the fashion, high-tech, multimedia and consumer products industries.

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