An executory contract is one where the material obligations of both parties have not yet been substantially performed. Section 365(a) of the Bankruptcy Code allows a bankruptcy trustee to reject the executory portion of contracts made with the debtor.
Seventh Circuit Protects Trademark Licensees in Bankruptcy Court
The Seventh Circuit has now adopted the conflicting view that ' 365(n) of the Bankruptcy Code does not affect trademark licenses in one way or another and that <i>Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc.</i> was incorrectly decided.
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Judith L. GrubnerThis premium content is locked for The Intellectual Property Strategist subscribers only
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