Debtor’s Rejection of Distribution Agreement Does Not Eliminate Licensee's Trademark Rights: 1st. Cir. Bankr. | Practical Law
In In re Tempnology LLC, the US Bankruptcy Appellate Panel of the First Circuit held, among other things, that while the debtor's trademark and logo were not entitled to special protection under section 365(n) of the Bankruptcy Code, the debtor's rejection of a co-marketing and distribution agreement did not eliminate the licensee's trademark rights under the agreement, but that the agreement and non-bankruptcy law determine the licensee's rights in the debtor’s trademark and logo.