In the US, trademark licensees are not expressly given expanded rights when their licensor files bankruptcy. This is in contrast to licensees of other intellectual property and is the result of the interpretation of Section 365(n) and Section 101(35A) of the Bankruptcy Code.

In Mission Prod. Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), No. 16-9016, the First Circuit Court of Appeals has revisited the question of whether the rights of trademark licensees should be equalized with those of licensees of other IP in licensor bankruptcy. In a recent blog post, Mark Salzberg, a partner in our Restructuring and Insolvency team in Washington, discusses Tempnology and its practical implications for trademark licensees. Click here to read the post.