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Trademark Licensees May Be Able to Have Their (Cup)Cake and Eat It, Too

Following a recent line of high-profile and notable decisions that have sought to protect the rights of trademark licensees in a trademark licensor's bankruptcy, the United States Bankruptcy Court for the District of New Jersey has issued a significant decision that, for the first time, extends the protections of Section 365(n) of the Bankruptcy Code, 11 U.S.C. ' 365(n), to trademark licensees on equitable grounds.

26 minute read January 31, 2015 at 11:00 PM
By
Frank J. Azzopardi, Timothy Graulich, Brian Resnick and David R. Bauer
Trademark Licensees May Be Able to Have Their (Cup)Cake and Eat It, Too

Following a recent line of high-profile and notable decisions that have sought to protect the rights of trademark licensees in a trademark licensor's bankruptcy, the United States Bankruptcy Court for the District of New Jersey has issued a significant decision that, for the first time, extends the protections of Section 365(n) of the Bankruptcy Code, 11 U.S.C. ' 365(n), to trademark licensees on equitable grounds.

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