Trademark Licensees Take Note: The Supreme Court Might Review The Tempnology Decision — And Whether A Licensee Can Keep Trademark Rights After Rejection

The twists and turns of the In re Tempnology LLC bankruptcy case have been a frequent subject on this blog for good reason. The case addresses whether a trademark licensee, whose licensor files bankruptcy and rejects the license agreement, retains any rights to use the trademark — or instead is out of luck. A Wild Ride. The licensee in that case, Mission Product Holdings, Inc. (“Mission”), has been on something of a roller coaster ride for the past few years: First, Mission lost its rights under the trademark license after a November 2015 Bankruptcy Court decision; Mission’s fortunes rose dramatically when it was permitted to keep its trademark license rights after the November 2016 First Circuit Bankruptcy Appellate Panel decision; That outcome didn’t last long because Mission again lost its trademark rights when in January 2018 the First Circuit Court of Appeals issued its decision reversing the Bankruptcy Appellate Panel’s…

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