Katten's Intellectual Property department national co-chair Karen Artz Ash was recently interviewed by Women's Wear Daily regarding the five appellate cases considering some of the most pressing fashion law questions of 2019. In it, Karen comments on Mission Product Holdings Inc. v. Tempnology LLC in the dispute over licensing rights following Tempnology's filing for Chapter 11 protection in 2015. The case was argued before the US Supreme Court in February 2019. This case has particular significance for fashion companies, as they increasingly conduct business under license agreements, even companies that have developed businesses under their own labels.
"If the court here comes out in favor of a licensee being able to retain those rights," said Karen, 'it eliminates some of those concerns or minimizes it. If the court comes out in the other direction and finds that the licensor has the right to reject," she continued," then you have a lot more uncertainty and you will have licensees wanting to assert different sorts of protections."