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TheTMCA.com | Legal Developments in the World of Trademarks, Copyrights, Advertising and Beyond In the coming months, the U.S. Supreme Court is expected to issue a decision in Mission Product Holdings, Inc. v. Tempnology, LLC that may (yes, we said "may") resolve a circuit split as to whether trademark licensees can continue using trademarks after a licensor in bankruptcy rejects the license agreement under bankruptcy law. The TMCA has been following this case from the first decision by the U.S. Bankruptcy Court for the District of New Hampshire in 2015, through the decision by the Bankruptcy Appellate Panel for the First Circuit in 2016, the First Circuit's decision in early 2018, and the Supreme Court's grant of certiorari in late 2018. Along the way, we have explained that the Bankruptcy Code gives debtors the power to "reject" executory contracts (which relieves a debtor from its contractual obligations), and that federal courts have been divided for years regarding the effect of rejection of trademark license agreements. The blame for the circuit split can be placed largely on Congress. That is because the Bankruptcy Code—which Congress drafted—contains specific provisions for the post-rejection treatment of license agreements for "intellectual property," but those do not cover trademarks, although they cover patents, copyrights, trade secrets, and mask works, among other things. When Congress implemented those protections, it noted the deliberate omission of trademarks from the statute because the issue warranted "more extensive study," which we wrote about at length in our prior posts. The Supreme Court heard oral arguments in Mission on February 20, 2019. At oral argument the Justices focused primarily on the effect of a brand owner/licensor's breach of a trademark license agreement in bankruptcy, as a debtor, as opposed to the effects of breach outside of bankruptcy. In addition, the arguments also touched on general contract law, the "negative inference" of Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985) (see our previous posts for more on this case), and relevant provisions of the Bankruptcy Code, specifically sections 365(g) and 365(n), which concern, respectively the effect of a debtors' rejection of a contract generally and rejection of an intellectual property license for intellectual property other than trademarks. So you don't have to listen to the entire oral argument, we have selected the most interesting questions and issues, which, in our opinion, provide some tea leaves for those of us following the case: Off the bat, Justice Alito asked Mission whether a debtor-licensor's cessation of quality control activities would imperil a trademark. Before Mission could answer, Justice Sotomayor asked Mission whether rejection of a trademark license revokes approval by the licensor that is a condition to the license. Mission responded that quality control obligations are imposed by trademark law, and not solely by contract, and rejection entitles a debtor-licensor to free itself only from contractual obligations. Mission added that, outside of bankruptcy, a licensor's breach of a license agreement (breach being the effect of rejection on the agreement mandated by the Bankruptcy Code) does not take away a licensee's right to use a trademark. Chief Justice Roberts asked Tempnology whether a licensee can continue using a trademark after rejection, so long as the licensee carries out quality control as the debtor-licensor did. Tempnology responded that ceasing quality control abandons a trademark, causing it to lose value and its status as a trademark (which didn't exactly answer Justice Roberts' question). Justice Breyer asked whether a person can use an abandoned mark, and Tempnology conceded one can. Several Justices pressed Tempnology for authority that a trademark licensor could unilaterally terminate a license agreement outside of bankruptcy by ceasing quality control. Tempnology relied on the general notions of trademark law, including a trademark's signification of its owner and an owner's duty to exercise control over the trademark, which did not appear to relieve the Justices concerns. Justice Sotomayor asked Tempnology, at two separate points, how the Court could limit its ruling to trademark agreements, e. rather than "any number of other contracts." Tempnology stated it was only asking the Court to adhere to precedent that the effect of rejection is that the contract is no longer enforceable, but she did not seem to be persuaded by that argument. Questions by Justices Gorsuch and Sotomayor as to whether the trademark issues are moot signaled a possibility that the Court may not reach a decision on the effect of rejection. The Justices' questions intimated that Mission may not have suffered damages, because Tempnology refused to supply Mission with goods that could bear the licensed mark prior to the rejection. Following the rejection, Mission did not use the trademark, but argued it was damaged because it was wrongly prevented by the bankruptcy court's decision from using the trademark following rejection, including on goods it could have ordered from suppliers other than Tempnology. Tempnology asserted the issues are moot because Tempnology took no action against Mission that prevented Mission from using the trademark. Given that the Court granted cert for this case, we would be surprised if the Court declined to resolve this Circuit split and instead ruled on mootness grounds. Throughout the argument, the Justices and the litigants searched for property law scenarios analogous to the rejection of a trademark license agreement by a debtor—an apartment lease, a McDonald's franchise, a photocopier lease, and an igloo lease. As to the igloo, Justice Breyer likened a licensor's quality control obligations to a promise to air condition an igloo, stating, ". . . you break your promise to air condition, no more igloo." (The amicus curiae arguing in support of Mission who received this analogy disagreed, responding that a licensee can continue using a trademark because abandonment is the only consequence of ceasing quality control and that takes some time.) These discussions—and the general struggle to find a suitable analogy—highlighted the unique nature of trademark rights as property and the Bankruptcy Code's treatment of various contract rights respecting property. The oral argument provided a glimpse of the Court's unenviable task of filling in the blanks of the Bankruptcy Code that Congress left to the Courts. While the Court is clearly concerned with reaching a result that makes sense under notions of trademark, property, contract and bankruptcy law, we are eager to see how it resolves their conflicts. Once the Court reaches a decision, you should expect to hear from us again.
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Utah Car Insurance | Compare Utah Car Insurance Quotes No-fault insurance states require PIP coverage and have limits for suing Tort system states do not require PIP and do not put any stipulations on civil court actions Drivers in Utah need to make sure they have the minimum legally required insurance coverages and consider additional coverages Generally, no-fault auto insurance refers to insurance coverage that gives policyholders the right to file claims and be paid for losses from their own insurance company no matter who caused the damage. There are no-fault states and there are at-fault states. However, in a legal sense, no-fault means that in addition to this type of insurance coverage, claimants have a restricted right to recourse within the legal system and a limited tort option. First-party coverage is referred to as personal injury protection or PIP for short. In order to sue another party in civil court within a no-fault state, you must have sustained severe injuries and meet certain state criteria. The limits for which you can sue can be related to the severity of your injuries or to the amount of your medical and associated expenses. In fact, in some states, the injured party must be disabled for a certain number of days in order to sue. Enter your zip code above to compare car insurance rates from multiple top companies at once! Currently, Puerto Rico and 12 states have no-fault insurance laws in place. These states include: Florida Michigan New Jersey New York Pennsylvania Hawaii Kansas Kentucky Massachusetts Minnesota North Dakota Utah What is tort insurance system? A tort insurance system is opposite of a no-fault insurance system. 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If a Utah driver had a minor accident, this may be the only step in the process. As a no-fault state, injured drivers have limited options and have to follow certain steps. First, they must turn to their own PIP policy. If their $3,000 coverage has been exhausted or if they have had extremely serious injuries from the accident, they may have the right to sue. Injuries that qualify for civil action under Utah law include: Long-term disability Long-term impairment Permanent disfigurement Permanent dismemberment The benefit to living in a no-fault state like Utah is that claims are usually paid faster and overall costs are reduced. This can lead to lower premiums for drivers in no-fault states. However, one downside is that there can be a very broad interpretation of the language used in the law which has the potential to hurt all parties involved. PIP coverage has also become a prime area for unethical doctors and clinics to inflate costs and recommend unnecessary treatments. No-fault states do not have unduly burdened legal systems and can cost taxpayers less. On the other hand, people with very serious injuries have the potential to slip through cracks in the law and not get a fair settlement for their medical bills and pain and suffering. Auto Insurance in Utah Like nearly all other states, Utah has minimum auto insurance requirements for drivers. In addition to the minimum $3,000 PIP that all drivers must carry, they must also have liability coverages as follows: $25,000 per person for bodily injury $65,000 per accident for bodily injury $15,000 per accident for property Liability coverage is strictly for damages you cause to other parties. It does not cover any of your own damages. Additional coverages Utah drivers should consider purchasing include: – Uninsured/Underinsured Motorists If you are a victim of a hit-and-run accident or are in an accident with another driver who does not follow the legal requirements for auto insurance, you can rely on this coverage from your own policy. – Collision and Comprehensive Although not required by law, these coverages are often required if you have a leased or financed vehicle. Collision covers damages to your car if it is in an accident with another vehicle, object, or if you have a rollover crash. Comprehensive coverage is for other situations such as hitting wildlife, flooding, fires, vandalism, theft, or even losses caused by natural disasters. With collision and comprehensive coverage, you select your deductible and policy limits. Finding the Best Car Insurance Coverage in Utah As a Utah driver, it is important to find the best car insurance coverage at rates you can afford. Shopping for an auto insurance policy at the best price is a lot like shopping for anything else. Use these tips to ensure you get the best price for your auto insurance coverage. – Compare Car Insurance Rates from Multiple Companies You will want to get rates from several different companies. It is important to be sure you are comparing the same policy types when doing so. The easiest way to do comparison shopping for auto insurance is to use an online price comparison tool. This is also important to do prior to letting your auto insurance policy auto-renew. – Ask about Available Discounts Good Driver – If you haven't had an accident or a ticket in several years, you may be rewarded with a discount by your insurance company. Good Student – Many auto insurance companies will provide discounts to students with a history of good grades. Multi-Line – If you have other insurance products, such as renters, homeowners, or life insurance with your auto insurance company, you will often qualify for a discount. Anti-Theft – Vehicles equipped with anti-theft devices are seen as less of a risk and often get better insurance rates. Driver Education – If you have taken a defensive driving course or driver's education, you may qualify for a discount. Multi-Vehicle – Having more than one vehicle on the same policy will usually grant you lower rates on your overall policy. Military/Veteran – Many insurance companies will honor members of the military, past or present, with a discount on the auto insurance. You should always plan on shopping around to find the best insurance rates. Doing so will allow you to compare policies and prices and find what works best for your unique situation. Enter your zip code below to find the best car insurance rates in Utah today!
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Home Legal advice and services.
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Studio A Engineering - Home and Commercial Inspections in Florida Studio A Engineering is a licensed engineering firm in the State of Florida specializes in home and commercial property damage inspections. One stop to get trusted services for engineering plans and inspections at an affordable cost in Florida. Contact us today for a free quote!!
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VIN Search Reap the benefits of a VIN check. Save your time and effort. Research on a used car with just a few clicks. Uncover hidden damages and limit your risk exposure. You can even pull up multiple reports to compare several vehicles.
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Assisting the Insured in Assessing their Damages A&A affianca le Compagnie di Assicurazione nell’accertamento delle cause di sinistro, nella stima dei danni, nella determinazione delle responsab...
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Small Claims, Name Changes, Trademarks, DBA, & more In small claims court, you can take legal action for money owed, property damages, accidents, services or products paid for and not received, etc.