Document Type
Article
Publication Date
6-2011
Keywords
trademarks, bankruptcy, debtor
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.
Journal
30 American Bankruptcy Institute Journal 60 (June 2011).
Disciplines
Bankruptcy Law
Recommended Citation
30 American Bankruptcy Institute Journal 60 (June 2011).
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.