Tag: trademark

Identifying and Keeping the Genie in the Bottle: The Practical and Legal Realities of Trade Secrets in Bankruptcy Proceedings

Anyone who has paid attention to developments in the world of business over the past quarter century knows that intellectual property (“IP”)is a hot commodity. Indeed, in contrast to companies that emerged from the Industrial Revolution, many of the companies spawned during the Information Age attribute much of their value and prospects to intangible, rather than tangible, assets. Pursuant to IP theory, this shift in focus should have the desirable effect of encouraging more inventive and creative activity. From a practical point of view, it has created a situation where the value of a company can be more “smoke and mirrors” than real. … Read More

Restructuring Dilemmas for the High Technology Licensee: Will “Plain Meaning” Bring Order To the Chaotic Bankruptcy Law for Assumption and Assignment of Technology Licenses?

This article examines an unresolved tension between intellectual property law, which is premised on the power of an owner or creator to exclude others from the use of a patent or copyright (the “monopoly power”), and the principle that property should be freely assignable, which is intrinsic to restructuring under U.S. bankruptcy law. . . . … Read More