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The Great Bankrupt Divide: Amending The Rights Of Trademark Licensees Under The Code, Sumner R. Pugh Iv
The Great Bankrupt Divide: Amending The Rights Of Trademark Licensees Under The Code, Sumner R. Pugh Iv
Georgia Law Review
The federal circuit courts are split over whether a licensee has the right to continue using a licensed trademark after the license is rejected in bankruptcy. In Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, the Seventh Circuit held that rejection does not abrogate the licensee's right to use the licensed trademark, a decision that expressly rejects the Fourth Circuit's contrary holding that rejection ends a licensee's right to use the licensed mark. While this Note argues that the Fourth Circuit interpreted and applied the Bankruptcy Code accurately in Lubrizol Enterprises v. Richmond Metal Finishers, it finds that the effect …