http://www.ngelaw.com/7th-circuit-trademark-owners-in-bankruptcy-cannot-revoke-license-agreements/
7th Circuit: trademark owners in bankruptcy cannot revoke license agreements
The United States Court of Appeals for the Seventh Circuit recently issued its opinion in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, in which the court clarified that the rejection of a trademark license in bankruptcy does not end the licensee?s right to use the licensed trademark. Prior to the decision, trademark licensees had effectively no guarantee of continued use of the licensed trademarks in a licensor bankruptcy. It is the first published decision by a federal appeals court in nearly 30 years that directly addresses the effect of bankruptcy on a trademark licensee?s rights.
Case Background
In the case, Lakewood Engineering & Manufacturing Co. (?Lakewood?), a manufacturer of various consumer products, licensed its patents to Chicago American Manufacturing (?CAM?) and allowed CAM to use the LAKEWOOD trademark on CAM-manufactured fans.1 Soon after entering into the license agreement, Lakewood?s creditors filed an involuntary bankruptcy?.?
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