rejection
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When is a Trademark License Not a License?
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
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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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Trademark License or Trademark Assignment?
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
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