The outcome for a company as a licensor
when its customer files Chapter 11 is fairly clear, and thus, the risk is manageable.
without necessarily being able to hear the position of the licensor
should stipulate whether it is granting an exclusive or a nonexclusive right to reproduce the artwork on the product.
If you license IP from a licensor
that files bankruptcy, you may wish to keep your rights in the IP.
The conventional wisdom has Kong held that, for patent licensors
, the less anyone knows about your patents, the better.
Courts interpreting this revised comment developed inconsistent rules as to whether, and under what circumstances, the "apparent manufacturer" doctrine applied to trademark licensors
. Some courts concluded that, pursuant to comment (a) of [section] 400, a licensor
does not "put out" a product as his own unless he "sells, leases, gifts, or loans the product." (8)
However, in the case of rejection by a debtor-licensor, the licensee now has two options available as a result of section 365(n): (a) the licensee can treat the license as terminated and assert a unsecured damages claim consistent with past practices, or (b) the licensee may retain its rights under the license for the term of the agreement and any extensions thereof, but only with respect to those rights existing as of the licensor
's bankruptcy filing.
Atlanta, GA, March 09, 2011 --(PR.com)-- Liverpool Football Club joined a group of over fifty-five leading Licensors
and Agents from around the globe, when it licensed the Mediabox-PA (product approvals) and Mediabox-DAM (digital asset management) software systems in 2009 and 2010, respectively.
In most cases, the licensor
receives a royalty payment from the licensee, in return for the use of those IP rights.
wants to maintain the value of its mark and positive customer associations with its mark.
Third, we assume that the licensor
firm is not a pure research outfit that develops technology for sale to third parties; rather, the technology owner uses its technology to manufacture products in some markets and licenses its technology to other firms in different markets.
can terminate the licence at any time and only needs to allow the licensee a relatively short period to vacate;