The legal significance of a “license” to the BUTTERNUT trademark has been in dispute for ten years now. I put “license” in quotes because while the document in question is called a license, it’s not your typical trademark license. In 1996, in settlement of an antitrust suit brought by the Justice Department, defendant Interstate Bakeries… Continue reading

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

In suit is what’s styled as a license to use the mark BUTTERNUT for bread in parts of Illinois.  Interstate Bakeries (IBC) is the record owner of the BUTTERNUT mark and Plaintiffs Lewis Brothers Bakeries Inc. and Chicago Baking Company (LBB/CBC) use the BUTTERNUT mark.  Interstate is currently in bankruptcy, which means it can reject… Continue reading