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By Anne Li, Mark Lichtenstein, Ilana Lubin, Preetha Chakrabarti, and Michelle Chipetine.

On Monday, May 20, 2019 the Supreme Court settled a decades-long circuit split  regarding a licensee’s ongoing trademark usage rights following the rejection of a trademark license agreement under the U.S. bankruptcy code. In an 8 to 1 decision, the Court found that “rejection breaches a contract but does not rescind it. And that means all the rights that would ordinarily survive a contract breach, including those conveyed here, remain in place.”


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