http://www.martindale.com/intellectual-property-law/article_Crowell-Moring-LLP_1554882.htm
Sunbeam: Seventh Circuit Says That Rejection in Bankruptcy Does Not Vaporize a Trademark Licensee?s Rights
| July 19, 2012 Previously published on July 13, 2012 In characteristically clear prose by Chief Judge Frank Easterbrook, the U.S. Court of Appeals for the Seventh Circuit held on July 9 that a debtor-licensor?s rejection in bankruptcy of an intellectual property license does not abrogate the non-debtor licensee?s right to use the licensed trademarks. Sunbeam Products, Inc. v. Chicago Am. Mfg., LLC, No. 11-3920 (7th Cir. July 9, 2012). The decision is noteworthy because the case involves the effect of rejection on a licensee?s rights to the use of both patents and trademarks, and the result as to trademarks creates a split among federal judicial circuits. In 2008, Lakewood contracted with Chicago American Manufacturing (?CAM?) to manufacture Lakewood?s box fans. The contract authorized CAM to practice Lakewood?s patents to manufacture box fans and to put Lakewood?s trademarks on completed fans.? Given Lakewood?s poor financial situation, Lakewood provided CAM payment assurance by authorizing CAM to sell the fans for its own account if Lakewood did not purchase them. Three months into the contract, some of Lakewood?s creditors filed?.? |
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