http://www.foley.com/sunbeam-products-7th-circuit-says-no-to-lubrizol-yes-to-trademark-licensees-in-bankruptcy-cases-07-11-2012/
Sunbeam products: 7th Circuit says no to Lubrizol, yes to trademark licensees in bankruptcy cases
11 July 2012
On July 9, 2012, the United States Court of Appeals for the Seventh Circuit issued a decision in Sunbeam Products, Inc. v. Chicago American Mfg., LLC (No. 11-3920), a case that addresses the effect of a bankruptcy trustee?s rejection of trademark licenses. For years, the Bankruptcy Code?s definition of ?intellectual property? has excluded trademarks. But the Code provides very specific guidelines on the treatment of other intellectual property licenses in section 365(n), which was added by Congress in 1988 following the Fourth Circuit?s decision
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