Western Glove Works v. XMH Corp. 1

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 is whether a trademark license can be “implied” in an agreement that does not say it’s a trademark license.

In 2009 a clothing firm…