Bloomberg Law

The Supreme Court will soon answer whether a trademark licensee can continue to use that mark after the trademark owner files bankruptcy and “rejects” the license contract. Reed Smith attorneys examine the current circuit split and predict how the court will hold.

To some, the U.S. Supreme Court’s most-watched trademark case takes a well-worn path: Company A owns a diverse portfolio of patents, copyrights, trade secrets, and trademarks, which it licenses out for royalties. Company B is one such licensee, and has built its entire enterprise on the manufacture and sale of products featuring the licensed IP.

But what happens if Company A goes belly-up and files for bankruptcy?

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