发表文章
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