U.S. Court of Appeals Rules on use of Trademark when License Agreement is Terminated

Following the ruling, trademarks gain equal standing with patents, copyrights, and trade secrets under Bankruptcy Code section 365(n) which allows licensees to continue using intellectual property after an executed agreement is rejected by the licensor during bankruptcy.

The code previously defined intellectual property as: trade secret; invention; process; design; patent application; plant variety; work of authorship protected under title 17; mask work protected under title 17. Notable by its absence was reference to trademark.



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