Divided Supreme Court: Trademark Rights Survive Rejection

Mealey's (May 20, 2019, 11:18 AM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court on May 20 found that rejection by a debtor of an executory contract under Section 365 of the Bankruptcy Code, 11 U.S.C. § 365, has “the same effect as a breach outside bankruptcy” and that such a rejection cannot rescind trademark rights that were previously granted (Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, U.S. Sup.)....