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'...more
2/26/2026
/ Appeals ,
Appellate Courts ,
Brand ,
Evidence ,
Generic Marks ,
Likelihood of Confusion ,
Reversal ,
Trademark Infringement ,
Trademark Invalidity ,
Trademark Litigation ,
Trademarks
IP licensing, distribution and collaboration agreements are widely used to scale business, reach new markets and build commercial ecosystems. While these models provide flexibility, they also carry a regulatory blind spot:...more
2/26/2026
/ Brazil ,
Contract Drafting ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchise Disclosure Document ,
Franchises ,
IP License ,
Regulatory Requirements ,
Risk Management ,
Trademarks ,
United States
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...more
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...more
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...more
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...more
I. INTRODUCTION -
Brand license agreements can drive business growth and brand recognition. By granting rights to use, develop, and commercialize technology and other IP (such as trademarks), license agreements enable...more
Gray-market goods, also known as parallel imports, are genuine products imported into the United States without the consent of the US trademark owner, often bypassing authorized distribution channels. This Legal Update...more
10/29/2025
/ Customs and Border Protection ,
Enforcement Actions ,
Imports ,
International Trade ,
International Trade Commission (ITC) ,
Lanham Act ,
Parallel Imports ,
Risk Mitigation ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
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...more
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...more
ABSTRACT -
Intellectual Property (IP) litigation can be complex, resource-intensive, and dependent on nuances like patent claim scope or trade secret definitions. But issues from underlying IP transactions or license...more
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...more
In this episode of The Upper Brand, Richard Assmus, Kristine Young, and Christa Cole delve into key court cases that have shaped trademark law. They explore the intricacies of functional and generic trademarks, with insights...more
8/1/2025
/ Brand ,
Functionality ,
Generic Marks ,
Intellectual Property Protection ,
Lanham Act ,
SCOTUS ,
Trademark Enforcement ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
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...more
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...more
In a closely watched trademark dispute, a Pennsylvania jury recently held that Vintage Brand LLC (“Vintage Brand”), Sportwear, Inc., and Chad Hartvigson (collectively, the “Defendants”) had infringed Pennsylvania State...more
In this episode of Tech Talks, we discuss the Federal Trade Commission’s recent ban on non-compete agreements and its implications for employers, as well as strategies for protecting confidential information and trade...more