bankruptcy
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You Need to Schedule Worthless Trademarks
Thanco Products and Imports, Inc. v. Kontos is a case that intrigues me. It’s an adversarial proceeding in a bankruptcy, not having to do with who owns the trademarks exactly, but what happens when one lies about it. In 2006 and 2007 Debtor George Kontos filed six trademark applications that ultimately registered, for GREEK AMERICAN […] Continue reading
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Does an Incorrect Claimant Invalidate a Copyright Registration?
Awhile back I reported on Kunkel v. Jasin, an unpublished decision out of the Third Circuit. In it, Kunkel, who was in bankruptcy, filed copyright applications in his own name rather than the name of the estate. His case was dismissed, and the dismissal affirmed, because the certificates named the wrong owner. We now have […] Continue reading
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For the Want of an Assignment Agreement
What we have in Anderson v. TOL, Inc. is the kind of case that makes lawyers’ heads hurt. In 2003, while Plaintiff Lloyd Anderson was in Chapter 13 bankruptcy, he formed PhoenixArts LLC, of which he was the President and sole owner. A few days later, he filed his first of three patent applications for […] Continue reading
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Assigning the “Goodwill”
There are several meanings to the word “goodwill,” depending on the context. This ambiguity was the basis for Axiom Worldwide, Inc. v. HTRD Group Hong Kong Ltd. The plaintiff Axiom Worldwide, Inc. (Axiom Inc.) registered trademarks, obtained authorizations from the Food and Drug Administration, and “created its own intellectual property” (those are the court’s words, […] Continue reading
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Eighth Circuit Screws Bread Company
I previously reported on a bankruptcy involving the BUTTERNUT trademark for breads. In 1996, in order to avoid antitrust concerns created by its acquisition of another bread company, Interstate Bakeries Corporation (IBC) sold assets and granted a trademark license for its BUTTERNUT and SUNBEAM marks to Lewis Brothers Bakeries (LBB). The trademark license was only […] Continue reading
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7th Circuit Closes Trademark Loophole in Bankruptcies
Bankruptcy law has a quirky little thing going on with trademarks. But let’s back up a little and put some context to it. Under Bankruptcy Code § 365(a), the trustee for a company in bankruptcy has the option of rejecting or assuming executory contracts or unexpired leases. This is a fundamental need for a company […] Continue reading
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An Assignment that Works Like a License
You’ll recall that there was a dispute over the ownership of the name of the famous Central Park restaurant “Tavern on the Green.” The restaurant owner owned two registrations for “Tavern on the Green” marks, one for restaurant services (the “Restaurant Mark” and “Restaurant Registration”) and one for oils and dressings (the “Oil and Dressing […] Continue reading
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Trick Question
A debtor-in-possession had a contract it wanted to assign. The contract included a trademark license, but it was somewhat unusual in structure. For starters, it was a trademark sublicense, not a direct license, for the mark “Jag Jeans”: There is no registered trademark for “Jag Jeans,” although there are several for “Jag” owned by Jag […] Continue reading
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Sibling Rivalry
I have sympathy for small businesses. Just working stiffs, plumbers for example, trying make a living day to day. You have to watch the pennies, you’ve got equipment costs, rent and salaries and rising health insurance costs and there’s only so much the market will bear. Trademarks are going to be really low on the […] Continue reading
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Rejected Trademark License
Photo by doortoriver Borders Group had contracted with Seattle’s Best, an acquisition/ subsidiary of Starbucks, for in-store coffee shops. In February, 2011 Borders filed for bankruptcy under Chapter 11 and filed a motion to reject the Seattle’s Best license, claiming it will save $10 million a year operating the stores independently. Seattle’s Best objected, asking […] Continue reading
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