Trademark License Agreement Qualifies as Executory Contract: Eighth Circuit | Practical Law
In Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., the US Court of Appeals for the Eighth Circuit affirmed a district court ruling that a trademark license agreement between a debtor-licensor and non-debtor licensee qualified as an executory contract under section 365 of the Bankrupcty Code and therefore could be assumed by the debtor. The court found that both parties to the agreement maintained at least one material obligation under the agreement.