Category: Bankruptcy

A Trademark Licensee’s Rights after its Licensor’s Bankruptcy May Vary Depending on the Venue of the Bankruptcy Case

In this tumultuous retail climate , a string of recent conflicting court decisions remind retailers that the potential impact of a licensor bankruptcy on a trademark licensee’s rights may vary dramatically depending on the location of the licensor’s bankruptcy proceedings.  In some jurisdictions a licensee may be entitled to...
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The New Dawn of Retail: Apocalypse or Evolution?

Major retailers that once reigned supreme with brick and mortar stores now face unparalleled challenges. Historically, major retailers dominated the retail industry by opening stores in the most desirable locations and offering fetching merchandise at a great value. But, numerous trends – including a dramatic shift in shopping habits,...
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Bankruptcy Lease Auctions – Landlords Can Play Too

Toys “R” Us filed for bankruptcy in September 2017, with hopes that a strong holiday season would facilitate a successful reorganization. After holiday sales proved to be far less lucrative than the company and its professionals had hoped, the  announcement was recently made  that the company would commence  store...
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Off-Price Retail Therapy for Landlords: New Opportunity in the Age of Millennials

On March 2nd, after much media speculation, Sports Authority commenced a case under chapter 11 of the United States Bankruptcy Code. In its initial bankruptcy filings, the company’s CFO announced that it will close up to 200 of its 464 stores over the course of the bankruptcy case. Sports...
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