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, Richard Assmus, Kristine Young, and Christa Cole delve into landmark Supreme Court cases 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.