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Protecting a Trademark Licensor's Rights In a Bankruptcy Case
A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee's bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement. In re Armstrong Flooring, Inc., Chapter 11 Case No. 22-10426 (MFW) (Bankr. D. Del. July 22, 2022).
In that case, at the request of the debtor licensee, Armstrong Flooring, Inc., the bankruptcy court issued a temporary restraining order and preliminary injunction that directed Armstrong World Industries, Inc. and AWI Licensing LLC, the licensors under a trademark license agreement with the debtor licensee (the License Agreement), to execute written consents to the assignment by the debtor licensee of its rights and obligations under the License Agreement to the successful bidders for the debtor licensee's assets at sales conducted under section 363 of the Bankruptcy Code.
The License Agreement
The License Agreement had its genesis in 2016, when Armstrong World Industries, Inc. (AWI) divested itself of its floor tile products business by spinning off its subsidiary, Armstrong Flooring, Inc. (AF). In connection with that transaction, AWI and its licensing subsidiary, AWI Licensing LLC (AWI Licensing), entered into the License Agreement with AF.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.