Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC

Federal 7th Circuit Court
Civil Court
Bankruptcy
Citation
Case Number: 
No. 11-3920
Decision Date: 
July 9, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Bankruptcy Ct. did not err in finding that third-party could continue to sell box fans using debtor’s patents and trademarks even though Trustee had rejected executory portion of debtor’s contract with third-party that allowed third-party to manufacture and sell said fans if debtor did not wish to purchase them. Trustee’s rejection of contract under 11 USC section 365(a) did not serve to rescind contract, such that third-party could continue to assert its rights under contract to manufacture and sell said fans.