Bankruptcy and trademark law

摘要

Because the case law is still developing in this area, it seems clear that the Supreme Court did not want to take the lead on this issue at the crossroads of trademark law and bankruptcy. However, its refusal to give guidance on these issues means that quite a bit of uncertainty exists for companies licensing their trademarks. Practitioners should be ready to counsel their clients on the circuit split on the issue of the hypothetical test versus the actual test and the arguments and potential risks regarding the assignability of trademark licences.