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Assessing the Impact of Recent Supreme Court Decisions on Intellectual Property and Creditors’ Rights & Business Restructuring Issues

On June 19, 2019 by Schnader in Bankruptcy / Restructuring

Schnader’s Intellectual Property Practice Group and the Creditors’ Rights and Business Restructuring Practice Group published two client alerts assessing the impact of recent Supreme Court decisions.

In “Supreme Court: Licensees Retain Trademark Rights After Rejection Under Section 365 of the Bankruptcy Code,” Daniel M. Pereira considers the decision in Mission Product Holdings, Inc. v. Tempnology, LLC, which resolves what was substantively one of the more significant circuit court splits existing under the Bankruptcy Code. The Court’s decision hands a clear victory to trademark licensees, and provides some certainty regarding the continued viability of a licensee’s trademark rights following the bankruptcy filing of a counterparty licensor.

In “Practical Implications of the Supreme Court’s Decision Requiring Final Copyright Office Action Prior to Infringement Lawsuits,” W. Drew Kastner and Stephenie Wingyuen Yeung evaluate Fourth Estate Public Benefit Corp. v., in which the U.S. Supreme Court clarified the rules for the prerequisites to filing copyright infringement lawsuits. This decision also raises questions about the practical impact on businesses and other content creators.

Click below to read these client alerts:

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