The Upper Brand

In this episode of The Upper Brand®, hosts Rich Assmus and Kristine Young are joined by Mayer Brown Senior Associate, Madelaine Thomas. Together they examine the copyright dispute between British artist Anouska Samms and the Metropolitan Museum of Art, exploring the origins of a collaborative garment called the "Hair Dress," the contrast between U.S. and European moral rights frameworks, and the b...

In this episode of The Upper Brand, hosts Rich Assmus and Kristine Young are joined by James Ferguson and Ana Leticia Allevato to discuss how IP licenses, distribution deals, and collaboration agreements can be recharacterized as franchise relationships under U.S. and Brazilian law. The conversation covers the FTC Franchise Rule's three-prong test, state-law variations, and common contractual prov...

In this episode of The Upper Brand, hosts Rich Assmus and Kristine Young examine the Illinois Tamale Company v. LC Trademark Incorporated case, exploring whether the "pizza puff" mark is generic and whether Little Caesars' "crazy puffs" creates a likelihood of confusion. The conversation covers the Seventh Circuit's reversal of the district court, finding that survey evidence and marketplace usage...

In this episode of The Upper Brand, hosts Rich Assmus and Kristine Young examine the Crocs, Inc. v. ITC case, exploring how Crocs pivoted from expired patent protection to trademark and trade dress claims to protect its iconic clog against lookalikes. The conversation covers the ITC's finding of no trademark infringement, the Federal Circuit's dismissal of Crocs' appeal as untimely, and the challe...

Gray-market goods—also called parallel imports—are genuine products first sold abroad that are imported into the U.S. without the U.S. trademark owner's authorization. They're not counterfeit; they're real products, but they often bypass authorized channels, ignore territory restrictions, and undercut the brand's U.S. market strategy. The impact is not theoretical. Think lost sales for authorized...

It's a classic clash of collegiate titans—Baylor University versus Boston University—but this time it's over those deceptively simple letters "B-U." This isn't just alphabet soup; it's a multi-count federal lawsuit that dives deep into coexistence agreements, trademark enforcement, collegiate athletics, and what happens when two century-old brands think the other has crossed the line.  This podcas...

In this crossover episode of The Upper Brand and Tech Talks, hosts Rich Assmus, Kristine Young, and Julian Dibbell explore how brand licensing functions as a capital-efficient growth strategy—accelerating entry into new markets, categories, and geographies by pairing a company's brand equity or technology with a partner's manufacturing and distribution strengths. They walk through the practical li...

In this episode, Rich Assmus and Kristine Young explore the Federal Circuit's landmark decision in In re Brunetti , famously known as the "F word case" round two. Discover why the court vacated the US Trademark Trial and Appeals Board's refusal, highlighting issues with fuzzy standards and failure to function refusals.

Brand enforcement goes far beyond cease-and-desist letters; it's about intelligence, timing, and strategy. In this episode, we're joined by Jeremy Hurewitz of Interfor International, author of Sell Like a Spy , who reveals how principles of espionage can equip brand owners and their counsel with sharper tools to safeguard reputations. He explains why adopting a spy's mindset may be the ultimate ke...

In this episode of The Upper Brand, hosts Kristine Young and Rich Assmus delve into the Penn State v. Vintage Brands case, exploring the complexities of trademark use in collegiate merchandise. They discuss the legal implications of trademark infringement, the importance of licensing for brand owners, and the potential broader impacts of the case on the merchandising industry. The conversation hig...

In this episode of The Upper Brand, Richard Assmus, Kristine Young, and Christa Cole delve into key court decisions that have shaped trademark law. They explore the intricacies of functional and generic trademarks, with insights into cases like Park and Fly v. Dollar General and USPTO v. Booking.com . Discover how these decisions impact brand management and the ongoing battle against genericide. T...

In this episode of The Upper Brand, Kristine Young and Rich Assmus discuss the recent Federal Circuit case regarding the doctrine of foreign equivalents in trademark law. They explore the concepts of descriptiveness and genericness, the implications of foreign language trademarks, and the legal standards applied by the Federal Circuit in its decision. The conversation highlights the importance of...

In the debut episode of The Upper Brand podcast, Mayer Brown attorneys Richard Assmus, Kristine Young, and Christa Cole delve into the evolving world of non-traditional trademarks—covering everything from colors and scents to sounds and shapes. They unpack landmark case law, common registration challenges, and strategic best practices, offering brand owners actionable insights to protect and lever...

Welcome to The Upper Brand, the podcast dedicated to providing you with the knowledge and tools to gain the upper hand in the competitive world of trademarks and branding. Hosted by industry leaders, this podcast delves into the intricacies of trademark law, brand strategy, intellectual property management, and licensing, offering invaluable insights and practical advice to help you protect and el...