Law Commons^™

Sunbeam: A Ray Of Hope For Trademark Licensees, Ryan Gabay

Fordham Law Review

In the 1985 decision Lubrizol Enterprises v. Richmond Metal Finishers, the Fourth Circuit established that a licensor’s rejection of an intellectual property license under § 365 of the U.S. Bankruptcy Code terminates the licensee’s right to continue using the license. Concerned about the detrimental effects that Lubrizol would have on technological development in the United States, Congress responded swiftly by enacting the Intellectual Property Licenses in Bankruptcy Act (IPLBA), which exempted certain forms of intellectual property, such as copyrights, patents, and trade secrets, from rejection under § 365 of the Code. Trademarks, however, are notably absent from Congress’s definition …

Benefit Of The Doubt: Obstacles To Discovery In Claims Against Chinese Counterfeiters, Minning Yu

Fordham Law Review

What is the proper method for U.S. litigants to obtain evidence located in a foreign country for trademark litigation in the United States? The Lanham Act authorizes trademark owners torecover profits made from the sale of goods that infringe on their trademarks. In order to account for and ultimately recover these profits, trademark owners need access to the infringers’ bank records. But access to such records can be a challenge when the infringers and their banks are located outside the United States.

In recent years, several brand owners have instituted a series of trademark infringement lawsuits in the Southern District …