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Articles 1 - 5 of 5
Full-Text Articles in Law
Finding Common Ground: Resolving Assumption And Assignment Of Intellectual Property Licenses In Chapter 11 Bankruptcy Through Adoption Of The Actual Test, Courtney Marie Davis
Finding Common Ground: Resolving Assumption And Assignment Of Intellectual Property Licenses In Chapter 11 Bankruptcy Through Adoption Of The Actual Test, Courtney Marie Davis
Journal of Intellectual Property Law
No abstract provided.
A "Sunbeam" Of Hope: The Seventh Circuit's Solution Overcoming Disparaging Treatment To Trademark Licenses Under The Bankruptcy Code, Jarrod N. Cone
A "Sunbeam" Of Hope: The Seventh Circuit's Solution Overcoming Disparaging Treatment To Trademark Licenses Under The Bankruptcy Code, Jarrod N. Cone
Journal of Intellectual Property Law
No abstract provided.
Chapter 11 Shapeshifters, Lindsey Simon
Chapter 11 Shapeshifters, Lindsey Simon
Scholarly Works
Logic and equity would seem to demand that when administrative agencies are creditors to a bankrupt debtor, they should have the same status as other creditors. But a creditor agency retains its regulatory authority over the debtor, permitting it to continue with agency business such as conducting enforcement proceedings and awarding licenses. As a result, though bankruptcy law and policy both strongly support equal distribution of the estate, administrative agencies have been able to circumvent these goals through the use of “shapeshifting” behaviors. This Article evaluates two dangerous shapeshifting scenarios:
(1) where the agency avoids the limitations of creditor status …
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 …
Bankruptcy Reorganization: Legal Dynamics Associated With Economic Discontinuity, Young Rock Noh
Bankruptcy Reorganization: Legal Dynamics Associated With Economic Discontinuity, Young Rock Noh
LLM Theses and Essays
This thesis attempts to discover the factors leading to such failures and to propose a cure. It argues that the basic structure of Chapter 11 of the Code, the debtor in possession structure, is one of the essential factors causing such a high rate of failure. The thesis further asserts that it is possible to reduce the rate of unsuccessful reorganization if the bankruptcy court exercises its power of case management more actively and expeditiously. For example, the court can screen the debtors' filing for relief before the reorganization case proceeds too far. Chapter II of this thesis examines the …