The Upper Brand

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. Each episode features in-depth discussions on a wide range of topics, including trademark fundamentals, brand strategy, legal insights, case studies, and expert interviews. Whether you're an entrepreneur, a business owner, or a legal professional, The Upper Brand equips you with the expertise to make informed decisions and achieve trademark and branding excellence. Tune in to stay ahead of the curve and ensure your brand's success in today's dynamic marketplace.

The Upper Brand is a business podcast hosted by Unknown Host, with 15 episodes on record and a Required Pod Score of 80. PitchCentric scores this show on Booking Probability, Listen Score, and live audience signals refreshed every 24 hours.

Unknown Host hosts The Upper Brand, a business show with 15 episodes published.

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  The Upper Brand

  Pattie Gonia v. Patagonia: When Trademark Enforcement Becomes a Brand Crisis

  Jul 28, 202622 min

  In this episode of The Upper Brand, Mayer Brown IP partners Rich Assmus and Kristine Young examine the trademark dispute between Patagonia Inc., the $1.47 billion outdoor apparel company, and Wyn Wiley's drag persona, "Pattie Gonia," an environmental activist and content creator. They discuss how Patagonia's infringement suit triggered a public backlash and "Streisand effect," amplifying awareness of Pattie Gonia's name far beyond what organic use ever could have. The hosts unpack the legal merits, including Patagonia's duty to police its mark, the weakened parody defense after the Supreme Court's Jack Daniels v. VIP Products decision, and the complicating role of Patagonia's geographic origin. They also cover practical takeaways for practitioners, highlight that enforcement decisions are as much brand strategy decisions as legal ones, and underscore that coexistence agreements remain an underused alternative to litigation.

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  The Upper Brand

  When a License Becomes a Franchise: Hidden Risks in Contract Drafting

  Apr 3, 202613 minS0

  <p>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 bran...

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  The Upper Brand

  Pizza Puff Showdown: When Trademarks Go Generic

  Feb 25, 202619 minS0

  <p>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.</p>

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  The Upper Brand

  Crocs, Inc. v. International Trade Commission

  Feb 11, 202618 minS0

  <p>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.</p>

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  The Upper Brand

  The Upper Brand – Gray Market Goods

  Jan 9, 202616 minS0

  <p>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...

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