Cole Schotz represents Trump AC Casino Marks LLC (“Trump AC”), owned and controlled by Donald J. Trump and his daughter Ivanka Trump, as licensors of certain “Trump” related trademark and intellectual property rights to Trump Entertainment Resorts, Inc., Trump Entertainment Resorts Holdings, L.P., Trump Taj Mahal Associates, LLC, Trump Plaza Associates, LLC, and Trump Marina Associates, LLC (the “Licensees”), in pursuing termination of the license agreement based on the Licensees’ various violations and breaches of the agreement.
Cole Schotz initially filed an emergent Order to Show Cause application with the Superior Court of New Jersey, seeking termination of the agreement and injunctive relief against the Licensees. However, the Licensees filed for bankruptcy protection before the U.S. Bankruptcy Court for the District of Delaware, resulting in an automatic stay of Trump AC’s pending state court litigation.
As a result, Cole Schotz filed a motion with the Delaware Bankruptcy Court for relief from the automatic stay in order to continue to pursue termination of the license agreement through the previously filed state court action. After conducting expedited discovery and briefing the issues for the court, Judge Gross conducted a final hearing on Trump AC’s motion. The Bankruptcy Court subsequently granted Trump AC’s motion in full by opinion and order, ruling the automatic stay lifted to allow Trump AC to continue its pending state court action to terminate the license agreement.
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