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Protecting Trademark Licensee’s Right to Continued Use of Trademark When Licensor Declares Bankruptcy

Originally published 6 July 2010

Keywords: Exide Technologies, trademark, intellectual property, bankruptcy, EnerSys Delaware Inc., executory contract,

In the case of In re: Exide Technologies, decided on June 1, 2010, the US Court of Appeals for the Third Circuit reversed two lower court decisions and held that a 1991 agreement between Exide Technologies and EnerSys Delaware Inc., which included a license to EnerSys for use of the “EXIDE” trademark, is not an executory contract that can be rejected by Exide in bankruptcy proceedings. The Third Circuit held that it was not an executory contract because EnerSys had substantially performed the agreement and did not have any unperformed material obligations that would excuse Exide from performance….

 
 

This confirms the value of trademarks, even after bankruptcy. Trademarks are valuable intangible assets which are recognised in law and in the courts. Use them to your advantage. Patrick

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