Mission Product Holdings, Inc., Petitioner v. Tempnology, LLC, Nka Old Cold LLC

Summary

The Court held that a debtor’s rejection of an executory trademark licensing agreement under §365 of the Bankruptcy Code is a breach, not a rescission, so the licensee’s rights to use the trademark survive; it reversed the First Circuit and remanded for further proceedings. Justice Gorsuch dissented, arguing the case is moot, and Justice Sotomayor concurred, emphasizing the holding’s scope and the possibility of future statutory amendment.