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Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks

By Marc Fineman and Jonathan Friedland
September 25, 2012

Much has been written over the past 20-plus years, in court decisions and scholarly articles, about the omission of “trademarks” from the Bankruptcy Code's definition of “intellectual property.” As a result of this omission, trademark licensees have not received the benefit of the Bankruptcy Code's ' 365(n), which protects intellectual property licensees when their licensors file for bankruptcy. However, a recent decision by the Seventh Circuit provided a trademark licensee with protection when its licensor filed for bankruptcy and rejected the trademark license.

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