From Gucci to Knock-off: How Bankruptcy Leaves Trademark Licensees at Risk

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If you were to walk down Fifth Avenue and see a store displaying a white apple suspended in a large glass case, more likely than not you would immediately think of the California-based tech giant who shares its name with the nutritious snack. Similarly, if the person walking in front of you on your way to the Apple store lifted her heel to reveal a candy-apple red shoe sole, more likely than not the name Christian Louboutin would pop into your head. How is it that we can so easily forget the name of a person we were just introduced to, yet simple ideas like a picture of fruit or the color of a shoe bottom could instantly trigger a specific company in your mind? The answer: branding.

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In Advance Watch, SDNY Bankruptcy Court Offers How-To Guide on Serving Process on Foreign Defendants and Applies Broad Implied Consent Standard under Stern and Wellness

In a recent opinion from the Bankruptcy Court for the Southern District of New York, Judge Glenn determined it was appropriate in three adversary proceedings to enter default judgments against foreign defendants that refused to answer the plaintiff’s summons and complaint. Kravitz v. Deacons (In re Advance Watch Co., Ltd.) […]

Are Attendance and Objection in Bankruptcy Court Prerequisites for Appellate Standing?

Weil Summer Associate Candice Ellis contributed to this post “All circuits…limit standing to appeal a bankruptcy court order to persons aggrieved by the order.”1.  A “person aggrieved” is defined as someone whose rights or interests are directly and adversely affected pecuniarily by the bankruptcy court order.2  Simply put, a party […]

Momentive Court Declines to Dismiss Creditors’ Appeals as Equitably Moot

In Momentive Performance Materials, the Second Circuit declined to dismiss as equitably moot the appeals of certain noteholders.  The decision highlights that successfully invoking the doctrine of equitable mootness may be difficult under prevailing case law where plan confirmation issues have been diligently appealed by parties in interest, even when […]

Weil Remembers Stephen Youngman

We mourn the loss of our partner, colleague and friend Stephen A. Youngman, who passed away on May 14 after a courageous battle with cancer. Steve was a member of Weil’s Business Finance & Restructuring practice and one of the editors of the Bankruptcy Blog. He joined the Firm’s Dallas […]