SCOTUS Series: Mission Product Holdings Inc. v. Tempnology, LLC
February 20, 2019
4:00pm | Room YT01-02
Reception to Follow
Mission Product could settle a circuit split over the fate of trademark licenses in bankruptcy.
Section 365(n) of the Bankruptcy Code empowers a nondebtor/licensee of rights to “intellectual property” under a rejected contract with the debtor/licensor “to retain [the licensee’s] rights … under such contract and under any agreement supplementary to such contract, to … intellectual property … as such rights existed immediately before the case commenced…” Section 101(35A) of the Bankruptcy Code, in turn, defines “intellectual property” to include trade secrets, patents, patent applications, plant varieties, copyrights and mask works for semiconductor chip products—but leaves out trademarks.
Panel:
- Christine Haight Farley
American University Washington College of Law, moderator
WilmerHale, Counsel for Petitioner (Mission Product Holdings, Inc.)
Ropes & Gray, Counsel for Respondent (Tempnology, LLC)- &
Debevoise & Plimpton, Counsel for Amicus International Trademark Association (in support of petitioner) - &
Rivkin Radler, Counsel for New York Intellectual Property Association (in support of petitioner)
Kilpatrick Townsend, Counsel for Amicus American Intellectual Property Law Association (in support of neither party)
Pirkey Barber, Counsel for Amicus Intellectual Property Owners Association (in support of neither party)
Issue:
The question in the case is whether the rejection of a license in bankruptcy terminates a licensee’s right to use licensed trademarks or simply constitutes a breach, which may not preclude the licensee’s continued trademark exploitation.
UPDATE:
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