10 Signs Your Company Is In Distress (Part II)
Welcome back to SmallBizReorg. Use this link to read and watch part two of our list of 10 Signs Your Company Is In Distress.
Trademarks -- The Other IP In Bankruptcy
Trademarks are the other IP. Under Section 101(35A) of the Bankruptcy Code, you won't find the word "trademark". In 1985, the Court of Appeals for the Fourth Circuit entered its decision in Lubrizol Enterp. v Richmond Metal Finishers . In that case, the Court allowed a debtor to reject an executory contract which contained a grant of certain rights to intellectual property. In response to Lubrizol , Congress enacted Section 365(n) of the Bankruptcy Code. But, trademarks aren't included in the definition of "intellectual property" under Section 101 of the Bankruptcy Code. And, it is this definition of "intellectual property" upon which Section 365(n) relies. So you say, then trademarks aren't intellectual property under the Bankruptcy Code. Well -- that may depend on where you are. More on this in future posts. www.JackRoseLaw.com Posts in this blog contain discussions of general principles of law and cases. No post, comment or...
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