Trademark Licensees May Be Able to Have Their (Cup)Cake and Eat It, Too
NJ Bankruptcy Court Extends Section 365(n) Protection to Trademark Licensees on Equitable Grounds

Created date

The Bankruptcy Strategist, Law Journal Newsletters, Vol. 32, No. 4, February 2015, American Lawyer Media

Following a recent line of high-profile and notable decisions that have sought to protect the rights of trademark licensees in a trademark licensor’s bankruptcy, the United States Bankruptcy Court for the District of New Jersey has issued a significant decision that, for the first time, extends the protections of Section 365(n) of the Bankruptcy Code, 11 U.S.C. § 365(n), to trademark licensees on equitable grounds. In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J. Oct. 31, 2014) (Crumbs).