Authors

Saul Ehrenpreis

Document Type

Article

Publication Date

6-2011

Keywords

trademarks, bankruptcy, debtor

Comments

This article won first place in the 2011 Bankruptcy Law Student Writing Competition sponsored by the American Bankruptcy Institute's Bankruptcy Litigation Committee. Reprinted with permission of the American Bankruptcy Institute.

Abstract

The core of many companies' business model depends heavily on access to a trademark license. Unfortunately, despite possessing a license and turning a profit, some of these companies run into difficulties and are forced to file for chapter 11. This article analyzes the legal issues faced by a company in this situation. First, it explores the existing tension at the intersection of bankruptcy and trademark law, then discusses the three approaches courts have taken to resolving this tension. It concludes with the proposal that only one of these approaches appropriately balances the competing interests at stake.

Disciplines

Bankruptcy Law

Recommended Citation

30 American Bankruptcy Institute Journal 60 (June 2011).

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