CONSOR will act as your representative in the sale or auction of trademarks, brands, patents or domain names in a variety of different sale scenarios, including going concern, outright sale or disposition in bankruptcy. The process may first include a valuation of the intellectual property. This value will serve as a benchmark when negotiating with prospective buyers. CONSOR will then conduct due diligence in the industry and market the intellectual property to an appropriate pool of buyers.
The accelerating pace of bankruptcies, both Chapter 7 and Chapter 11, is alarming to us all from a business point of view. However, from an intellectual property point of view it raises an even larger red flag: In bankruptcy, who owns the licenses and the intellectual property controlled by the company going bankrupt? Can those licenses be sold? Can the intellectual property be licensed and/or sold? All of these issues are still being debated in the courts, and answers vary depending on the district and the case. Professionals at CONSOR work with creditors as well as owners of distressed company to triage, bundle, market and ultimately dispose of intangible assets in accordance with the latest regulations.