September 17, 2018

Are Trademarks IP Under the Code?

Kayla Britton authored an article for the American Bankruptcy Institute about the uncertain treatment of trademark license agreements. 
"When the debtor/ licensor rejects an executory contract, the nondebtor party no longer has an obligation to perform under the rejected agreement and has a claim for damages against the bankruptcy estate. However, when a debtor seeks to reject a license of intellectual property (IP), the nondebtor licensee’s right to use the licensed IP is less certain."Kayla Britton, American Bankruptcy Institute
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