Quimbee logo
DMCA.com Protection Status

In re Rooster, Inc.

100 B.R. 228 (1989)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

In re Rooster, Inc.

United States Bankruptcy Court for the Eastern District of Pennsylvania

100 B.R. 228 (1989)

Facts

Rooster, Inc. (debtor) was in the business of manufacturing and selling men’s neckwear. In 1987, Pincus Bros., Inc. (Pincus) granted Rooster an exclusive sublicense to use the trademark of fashion designer Bill Blass on Rooster’s neckties. Under the terms of the agreement, Pincus would provide Rooster with information about the look to be created for a line. Rooster would then review catalogues of patterns maintained by Italian silk manufacturers and choose patterns for the items to be produced that would fit the design, color, and quality dictated by Pincus and Bill Blass. Pincus and Bill Blass exercised substantial supervision and control over the design process, and production did not begin until Bill Blass had approved the patterns that Rooster had selected. The agreement also required Rooster to submit labels, press releases, and other printed matter to Bill Blass for approval. In 1989, Rooster petitioned for relief under Chapter 11 of the United States Bankruptcy Code. As a debtor-in-possession, Rooster wanted to sell its rights under the license agreement. Pincus, on the other hand, wanted to control the choice of a new sublicensee and sought relief from the automatic stay, arguing that the license agreement constituted a personal-services contract that could not be assigned or sold by Rooster under applicable Pennsylvania law.

Rule of Law

Issue

Holding and Reasoning (Fox, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership