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  • LATEST POSTS

    • Not literally.  If they adopted "Ford" or "Girl Scouts of America," they would not have the right to use those words.  As for the role of Bankruptcy Court in intellectual property issues, you might see: https://www.nycbar.org/pdf/report/Intelectual_Prpoerty_Assets.pdf https://www.wardandsmith.com/articles/intellectual-property-in-bankruptcy-an-overview#:~:text=Generally%2C intellectual property includes copyrights,losses to the debtor's creditors.
    • From a business sense, I do not see where the IP here holds much value or to who. The brand is tarnished and muddled, the program appeals to a small and declining segment of youth, and it has no IT assets to speak of -- no working or revenue driving website or portal, no functioning administrative interface, no real social media presence to drive marketing. It is producing a tired print publication in a world where most print publications have expired because they are too expensive to produce.  The actual advancement program and handbooks have value, but there are so many knock off programs out there and online, that it's not like you'd be buying truly proprietary material. The only brand I can see that still holds possible business value is the term "Eagle Scout." Some outdoors outfitter might want to stick that on a line of products. But otherwise I'm  thinking that BSA IP is probably going to stay right where it is. 
    • I hear you, but I think it would take more lawyering than a bankruptcy court judge is ready for.  I'm not even sure a bankruptcy court judge has the place to try and determine if it is operating legitimately as per it's congressional charter.  Other than extracting more assets from the BSA, why would they go down that path? If a bankruptcy court judge forced a sale of the IP, then I think that the decision would quickly get appealed.  Years in the appellate courts before there is any real resolution.
    • I found this interesting. What do you mean? Can you elaborate on your observations? I ask to make sure we aren’t falling into a “trap” or habit. 
    • When GM was in Chapter 11 a new corporation was formed to buy the functioning assets of the old GM, including the brands.  The old GM then took that money, sold off the dregs and went away in liquidation.  So why couldn't some monied interests buy the IP and leave the real estate and debts and liabilities behind with the old org?  I'm not sure I'm buying the charter argument.  As pointed out above the purpose of the BSA, in the charter, is to serve boys.  If you click to the next page you'll see the charter of the Boys and Girls Club is to serve youth.  https://www.law.cornell.edu/uscode/text/36/31102. Clearly the authors of the law understood the difference between boys and youth.  Seems like if the BSA offers the charter as a defense it wouldn't take much lawyering to argue the BSA is in violation of the charter.
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