The Upper Brand

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 provisions — such as mandated store layouts, operational oversight, and payment structures — that may inadvertently trigger franchise obligations. The panel also examines Brazil's Franchise Law and court decisions reclassifying trademark licenses as franchises. The episode concludes with practical drafting strategies for separating brand protection from operational control and recognizing when the most defensible path is to embrace a compliant franchise program.

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 supported genericness, and its affirmance of no likelihood of confusion given Little Caesars' distinctive "crazy" brand family.

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 challenges of proving registered design elements function as source identifiers. The hosts highlight key lessons for brand owners on aligning evidence with trademark scope and the risks of extending design protection through trade dress.

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 distributors, stressed warranty and service programs, erosion of MAP compliance, reputational harm if the foreign product doesn't meet U.S. standards, and heightened liability risk if labeling, safety, or regulatory requirements differ.  This podcast breaks down why brand owners care about these gray goods.

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 podcast will dive into BU v. BU and why it matters for trademark law.

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 lifecycle of a successful deal—from readiness and IP protection to partner diligence and crisp term sheets—and then dive into contract mechanics such as scope clarity, tailored royalty structures, calibrated exclusivity with performance milestones, and rigorous quality control. The discussion also addresses modern considerations including audits, ownership of improvements, AI-generated outputs and data compliance, sublicensing controls, exit planning, and dispute frameworks. Their closing advice: operationalize quality and align incentives so both parties win when the partnership wins.

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 key to protecting and strengthening your brand.

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 highlights the ongoing legal battles and the significance of consumer perception in trademark law.

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. Tune in for a deep dive into the legal frameworks that protect brand identity, and the proactive measures companies can take to safeguard their trademarks.

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 context in trademark registration and the burden of proof on applicants seeking to register descriptive marks with foreign meaning.

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 leverage these distinctive assets in a competitive marketplace.

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 elevate your brand.