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
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
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
As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual...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
AT A GLANCE -
On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed decisions by a lower court and the United States Copyright Office that human authorship is required to...more
Just two months in, 2025 is already delivering significant developments in AI and technology law. In this episode, host Julian Dibbell is joined by Rich Assmus, a partner in our Intellectual Property practice, to discuss...more
2/27/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Data Privacy ,
Data Protection ,
Data Security ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
Transformative Use
On Tuesday, a Delaware federal district court granted partial summary judgment to Thomson Reuters Enterprise Centre GmbH (“Thomson Reuters”) in its copyright litigation against ROSS Intelligence (“ROSS”). The lawsuit, which...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
As the European Union sets the stage for groundbreaking AI regulation, our podcast offers a comprehensive exploration of this landmark legislation. Join us as we dissect the EU AI Act, unpacking its key provisions and...more
Navigating the acquisition of any company which makes substantial use of artificial intelligence (AI) requires a nuanced understanding of both its technological intricacies and legal complexities. As the landscape of AI...more
As applications and use cases for digital assets and their blockchain infrastructure grow and become more sophisticated, investments and valuations for businesses in these areas have grown as well. The growing number of...more
5/23/2024
/ Blockchain ,
Corporate Sales Transactions ,
Cryptocurrency ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Security ,
Digital Assets ,
Information Technology ,
Intellectual Property Protection ,
Investment ,
Risk Management
In this episode, we revisit the ever-shifting landscape of Generative Artificial Intelligence (GenAI), a topic which has continued to captivate the tech world since our discussion a year ago. With GenAI at the forefront of...more
In 2023, the world-wide value of intangible assets (e.g., contractual rights and intellectual property (IP), such as patents, copyrights, and proprietary technology) reached USD57.3 trillion, surpassing pre-pandemic levels...more
Join our Technology & IP Transactions lawyers as they dive into the trends shaping 2024. In this episode, we explore the future of technology services, spotlight trends driving tech startups, and dissect deals tied to...more
On 20 December 2023, the UK Supreme Court unanimously held that UK patent legislation does not permit an AI system to be named as the "inventor" in a patent application. In doing so, the UK Supreme Court reaffirmed earlier...more