The Upper Brand

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.

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, 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.