Supreme Court of the United States

Mission Product Holdings, Inc., Petitioner v. Tempnology, LLC, Nka Old Cold LLC — Sotomayor, J., Concurring

May 20, 2019139 S. Ct. 1652

Summary

Justice Sotomayor concurs with the Court’s holding that a debtor’s rejection of a trademark license under 11 U.S.C. §365(a) is a breach of contract, and she highlights two observations: trademark licensees do not automatically retain all post‑rejection rights, and trademark licenses are treated differently from other intellectual‑property licenses because §365(n) does not apply to them. The opinion joins the majority and notes the dissent’s argument that the case may be moot.