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Expert Analysis

Is Your Trademark License Assignable In Bankruptcy?

Law360, New York ( June 14, 2012, 12:51 PM EDT) -- The Seventh Circuit Court of Appeals recently addressed in In re XMH Corp. , 647 F. 3d 690 (7th Cir. 2011), whether or not trademark licenses are assignable in bankruptcy proceedings. In its ruling, the court held that a trademark license may not be assigned by a licensee in a bankruptcy proceeding unless there is an express provision in the contract permitting assignment by the licensee. . . .

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