INTA Urges Supreme Court to Clarify Impact of Bankruptcy on Trademark Licenses
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Key takeaways:
- Debevoise & Plimpton LLP submitted an amicus brief to the Supreme Court on behalf of The International Trademark Association in support of a petition for certiorari in In re Tempnology, LLC, 879 F.3d 389, 392 (1st Cir. 2018).
- The petition presents an opportunity for the Supreme Court to resolve a significant circuit split over whether a trademark licensee’s rights to use a licensed mark are extinguished when the agreement is rejected by a debtor in bankruptcy.
- The circuit split has affected the value of trademark license agreements, which are the most widely used form of registered intellectual property, to the detriment of licensors, licensees, and the consumers they both serve. INTA urges the Court to take the case to adopt clear, consistent equitable rules that will provide certainty in the trademark system.