IN RE XMH CORP.

Nos. 10-2596, 10-2597, 10-2598, 10-2599.

647 F.3d 690 (2011)

In re XMH CORP., Debtor. Appeal of Western Glove Works.

United States Court of Appeals, Seventh Circuit.

Decided July 26, 2011.


Attorney(s) appearing for the Case

George N. Panagakis , Attorney, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL, for Debtor-Appellee.

Robert J. Keach (argued), Attorney, Bernstein Shur Sawyer & Nelson, Portland, ME, Brian L. Shaw , Attorney, Shaw Gussis Fishman Glantz Wolfson & Towbin LLC, Chicago, IL, for Appellant.

Robbin L. Itkin (argued), Attorney, Steptoe & Johnson LLP, Los Angeles, CA, Stephen O'Donnell (argued), Attorney, Steptoe & Johnson, Chicago, IL, for Appellee.

Before BAUER, POSNER, and WILLIAMS, Circuit Judges.


POSNER, Circuit Judge.

This appeal (actually there are multiple appeals, but only one needs to be discussed—the others are academic in light of our decision) presents two questions about the assignability of trademark licenses, in the context of a bankruptcy proceeding. The first is whether a trademark license is assignable (that is, salable) without the licensor's permission, in the absence of a clause in the agreement stating that it is assignable. The second...

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