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

A recent decision by the Seventh Circuit provided a trademark licensee with protection when its licensor filed for bankruptcy and rejected the trademark license.

11 minute read September 25, 2012 at 12:02 AM
By
Marc Fineman And Jonathan Friedland
Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks

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.”

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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