In a blog post for IPWatchdog, David Bernstein and Jared Kagan preview upcoming oral arguments in a U.S. Supreme Court case involving the “most significant unresolved legal issue in trademark licensing.”
The case - Mission Product Holdings v Tempnology - presents the question of whether a debtor-licensor’s rejection in bankruptcy of a trademark license agreement results in the agreement’s complete termination, including the loss of the licensee’s right to use the licensed trademark.
Debevoise & Plimpton filed an amicus brief on behalf of the International Trademark Association urging the court to recognize that a licensor in bankruptcy cannot revoke a trademark licensee’s rights.
SCOTUS to Hear ‘The Most Significant Unresolved Legal Issue in Trademark Licensing’ in Mission Product Holdings Inc. v. Tempnology, LLC
By David Bernstein and Jared Kagan
February 13, 2019