News & Analysis as of

IP License Trademarks License Agreements

Lathrop GPM

Licensor’s Fraud and Lanham Act Claims Survive Motion to Dismiss in Pennsylvania Federal Court

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A federal court in Pennsylvania granted in part and denied in part a licensee’s motion to dismiss the licensor’s breach of contract, fraud, and Lanham Acts claims. Westbrook Monster Mix Co. v. Easy Gardener Prods., Inc., 2024...more

Foley Hoag LLP - Cannabis and the Law

Cannabis Brands Beware – Branding/White Labeling in New York Requires Application Submittal by December 18, 2023

While licensing agreements between brands and license holders are typical in mature cannabis jurisdictions, what is uncommon is the requirement that said brands become licensed solely for the purposes of entering into...more

Weintraub Tobin

Podcast: The Briefing - How to Avoid Bearing The Risks of A Naked License

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In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

Weintraub Tobin

The Briefing: How to Avoid Bearing The Risks of A Naked License

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In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2021: Two Great Tastes That Taste Great Together! Tips to Ensure Co-Branding Arrangements Help Your...

In one of the more drool-worthy co-branding deals we have seen, K-Swiss recently announced a new line of Court 66 sneakers inspired by popular Girl Scout cookie flavors. The shoe boast colors and design elements inspired by...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2021

The February 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses tips for co-branding arrangements in light of the recent collaboration between K-Swiss and Girl Scouts and an update on access to medical...more

Lathrop GPM

The Franchise Memorandum - Issue # 260

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more

Neal, Gerber & Eisenberg LLP

Intellectual Property Licenses and Bankruptcy

The COVID-19 pandemic has already caused numerous companies to file for bankruptcy relief and will likely cause many more to do so. In this environment, it is particularly important for both licensees and licensors of...more

Dorsey & Whitney LLP

Jay-Z Has 99 Problems, and...Lack of Diversity Is One

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Jay-Z and Iconix Brand recently settled a two-year old lawsuit centered on a $204 million licensing agreement. The settlement not only ends the federal lawsuit, but also ends an arbitration related to the suit which Jay-Z had...more

Farrell Fritz, P.C.

IP Disputes Among Private Business Co-Owners Dominate Three Recent Cases

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Last month gave us three noteworthy post-trial decisions in three different cases from three different states, all centering on disputes among business co-owners over the ownership and exploitation of the businesses’s core...more

Proskauer Rose LLP

New York Court Awards $120 Million for Undervalued Family Trademarks

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The Palm, known mostly for its famous steaks and caricature-filled walls, is quickly becoming notable for another reason. Recently, in an opinion following a bench trial, New York State Supreme Court Judge Andrea Masley...more

Knobbe Martens

Balenciaga Is Not Out Of The Woods—Little Trees Air Freshners Are At The Center Of A Trademark Infringement Suit

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On October 19, 2018 plaintiffs CAR-FRESHNER Corporation (“CFC”) and Julius Sämann Ltd (“JSL”) filed suit against Balenciaga America, Inc. for alleged trademark infringement, false designation of origin, trademark dilution,...more

McGuireWoods LLP

Bankruptcy and Trademark Licenses — Are Yours Safe?

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Are a licensee’s rights to use a trademark safe if the licensor files for bankruptcy and rejects the trademark license? This is a question the U.S. Supreme Court may resolve later this year....more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Is Asked To Leave Its Mark On Trademark Licensee’s Rights in Bankruptcy

We previously blogged (see blog dated February 20, 2018) about the First Circuit’s decision in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), affecting the rights of a...more

Kramer Levin Naftalis & Frankel LLP

Trademark Licensee Retains Rights Post-Rejection

The Bottom Line - The Bankruptcy Court for the District of Connecticut in In re Sima Int’l, Inc., Case No. 17-21761, 2018 WL 2293705 (Bankr. D. Conn. May 17, 2018), recently held that rejection of a license agreement did...more

Dorsey & Whitney LLP

You Can’t Reject My Trademark License - Can You?

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In 2015, we wrote about the District of New Hampshire Bankruptcy Court’s decision in In re Tempnology, LLC. That decision was significant because it bucked a recent trend in bankruptcy jurisprudence to permit trademark...more

Jones Day

First Circuit Rejects Sunbeam Approach to Effect of Rejection of Trademark License in Bankruptcy

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In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark license in bankruptcy means...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Dumbing Down Intellectual Property: Chapter 11 Impact on IP License Agreements

Innovation and creativity are essential for competitive advantage and success in a global economy. The attendant intellectual property assets are the product of substantial capital investment, and companies should carefully...more

Kilpatrick

Mission Product Holdings Inc v Tempnology LLC First Circuit on a Mission Reverses Bankruptcy Appellate Panel

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Anyone who practices bankruptcy or intellectual property law and follows the intersection of the two knows Congress responded to the Fourth Circuit’s ruling in Lubrizol by enacting 11 U.S.C. § 365(n) (“Section 365(n)”)....more

Cooley LLP

Blog: Throwing Shade At Sunbeam: Following Lubrizol And Not The Seventh Circuit, The First Circuit Leaves Another Trademark...

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The Tempnology Trademark Saga. When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. The Original. It all started in November 2015....more

Mintz - Bankruptcy & Restructuring Viewpoints

Delaware Court Holds that Trademark License Cannot be Assigned Without Consent

The Delaware bankruptcy court recently decided that a debtor could not assign a trademark license absent the consent of the licensor. The court concluded that federal trademark law and the terms of the license precluded...more

Dorsey & Whitney LLP

Bankruptcy Dispute Regarding “Coolcore” Trademark Heats Up in the First Circuit

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In December 2015, the TMCA blogged about a decision in In re Tempnology, LLC, in which the Bankruptcy Court for the District of New Hampshire held that a debtor’s rejection of a licensing agreement in bankruptcy terminated...more

Dickinson Wright

Trade-Marks in Canada: Proper Use and Maintenance

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Proper usage is essential to protecting and maintaining valuable rights in trade-marks. The general rule is ‘use it or lose it’: unless a trade-mark is actually used continuously in connection with products or services,...more

Foley Hoag LLP - Making Your Mark

Happy Birthday, National Parks! Would You Like Your Trademarks Back?

August 25, 2016 marks the 100th birthday of the National Park Service, which runs the nation’s 413 national parks. Although I am not a particularly outdoorsy person, my relatives are, so here we are on summer vacation in...more

Sheppard Mullin Richter & Hampton LLP

Parent Company Furnishes Cancellation of Subsidiary’s Trademark Registration

Does your company’s wholly-owned subsidiary own trademarks in its own name? Has your company acquired any companies that own trademarks? If so, your company’s use of those trademarks will not prevent cancellation of those...more

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