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Mission Products v. Tempnology: SCOTUS Holds that Rejection: The National Law Review

On May 20, 2019, the U.S. Supreme Court held by a vote of 8-1 that a trademark licensor’s rejection in bankruptcy of a trademark license does not terminate the licensee’s right to use the licensed mark. Mission Products Holdings, Inc. v. Tempnology, LLC, No. 17-1657, 587 U.S. (2019). In so holding, the Court resolved a circuit split on the issue. The Court reversed the decision of the First Circuit, which held that Tempnology’s rejection of a trademark license under the Bankruptcy Code had the effect of terminating Mission Products’ right to use the licensed marks.

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