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Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Law
On May 20, 2019 the U.S. Supreme Court issued its long-awaited decision in Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.
In a decision that was unanimous on the merits (the decision was 8-1 with the sole dissent based on a non-substantive issue), the Supreme Court settled a decades-long debate regarding the fate of licenses in bankruptcy. Specifically, the Court determined that, under Section 365(a) of the Bankruptcy Code, a debtor's rejection of an executory contract pursuant to bankruptcy has the same effect as a breach outside bankruptcy, such that a debtor-licensor's rejection of a license agreement does not revoke the underlying trademark license.
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
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Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.