Pat Concannon and John Loughnane, partners in Nutter’s Intellectual Property and Corporate and Transactions Departments, respectively, analyzed the significance of the upcoming oral arguments in the Supreme Court case Mission Product Holdings, Inc. v. Tempnology, LLC.
In the Q&A, “Mission Product Holdings, Inc. v. Tempnology, LLC: Will the Supreme Court Clarify the Rights of Trademark Licensees Upon Rejection?,” Pat and John discussed why there is such great uncertainty on this issue, leading to widely different results among the lower courts; how licensees can protect themselves if a licensor files for bankruptcy; and what they predict will happen in the Tempnology case. According to Pat and John, when licensing trademark rights, you need to think about a host of issues at the outset including the impact of a licensor declaring bankruptcy.
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