Trademark Licensees May No Longer Need To Fear Rejection (In Bankruptcy)
In Mission Prod. Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court issued an opinion at the intersection of trademark and bankruptcy law. The Court resolved a circuit split on the issue of whether the "rejection" of a trademark license agreement by the licensor under Section 365(a) of the U.S. Bankruptcy Code (the Code) bars the licensee from continuing to use the trademark. Justice Kagan, writing for an 8-1 Court, answered with a resounding "No." [...]