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The Upper Brand

Mayer Brown
Interfor International
Federal Circuit
Brand Licensing
Crocs, Inc.
Trademark Law
Intellectual Property
Trade Dress
Genericide
Penn State
Vintage Brands
Trademark Use
Sell Like a Spy
Brand Protection
Counterfeiting
Active Listening
Brunetti (ray Brunetti)
Failure To Function Doctrine
Mayor Brown
Gray Market Goods
Baylor University

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 el... more

PublishesMonthlyEpisodes14Foundeda year ago
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Artwork for The Upper Brand

Latest Episodes

In this episode of The Upper Brand®, hosts Rich Assmus and Kristine Young are joined by Mayer Brown Senior Associate, Madelaine Thomas. Together they examine the copyright dispute between British artist Anouska Samms and the Metropolitan Museum of Ar... more

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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 relationsh... more

YouTube

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 lik... more

YouTube

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... more

YouTube

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Recent Guests

Madeline Thomas
Senior associate in intellectual property group
Mayer Brown (Chicago)
Episode: Who Gets Credit? Collaborative Art and Copyright Claims
Ana Leticia Allevato
Attorney explaining Brazilian law
Mayor Brown (on Brazil topics)
Episode: When a License Becomes a Franchise: Hidden Risks in Contract Drafting
Mike Linear
Partner in Mayor Brown's IP practice, Washington, DC
Mayor Brown
Episode: The Upper Brand – Gray Market Goods
Jeremy Hurewitz
Head of Interfor Academy, Interfor International; author of Sell Like a Spy
Interfor International
Episode: Intelligence Gathering for Brand Protection - A Discussion with Jeremy Hurewitz, Author of Sell Like A Spy

Hosts

Rich Assmus
Host of The Upper Brand; Partner in Mayer Brown's IP Group; IP brand management and litigation practice
Kristine Young
Co-host and Partner in Mayor Brown's IP Group; Host of The Upper Brand
Christine Young
Host of The Upper Brand; IP Practice at Mayor Brown

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Apple Podcasts
#113
Ukraine/News/Business News
Apple Podcasts
#148
Taiwan/News/Business News

Talking Points

Recent interactions between the hosts and their guests.

When a License Becomes a Franchise: Hidden Risks in Contract Drafting
Q: What practical steps can companies take when drafting agreements to avoid unintended franchise classification?
Separate brand protection from operational control, keep brand standards narrowly focused on quality, avoid prescribing how the partner runs their business, limit training and ongoing system-building assistance, ensure independence language reflects practice, and review payments and supply mechanics early to avoid hidden margins or launch fees.
When a License Becomes a Franchise: Hidden Risks in Contract Drafting
Q: What are the legal elements that turn a commercial relationship into something that might be deemed a franchise under US law?
Under the FTC rules, three elements matter: the operator runs a business using the brand owner's trademark, the brand owner exerts or can exert significant control or provide substantial assistance in operation, and the operator pays at least $500 within the first six months; all three together typically create a franchise.
When a License Becomes a Franchise: Hidden Risks in Contract Drafting
Q: At what point does that model risk being treated as a franchise?
Labels don't control the outcome; regulators and courts look at the actual relationship, especially if the partner operates under the brand, receives significant operational guidance, and payment structures indicate a system broader than a simple trademark quality control.
Intelligence Gathering for Brand Protection - A Discussion with Jeremy Hurewitz, Author of Sell Like A Spy
Q: How can disguises or undercover identities be used in brand investigations without crossing ethical lines?
Disguises can help investigators fit a profile to engage with counterfeiters or insiders; ethics demand avoiding deception that harms journalists or NGO workers, and ensuring such tactics are confined to investigative contexts with clear boundaries in the brand protection realm.
Intelligence Gathering for Brand Protection - A Discussion with Jeremy Hurewitz, Author of Sell Like A Spy
Q: What is elicitation and how can it be used ethically in brand investigations?
Elicitation is about drawing out information through carefully crafted statements and strategic silences, not direct questioning, leveraging behavioral cues and rapport to learn more about threats while maintaining ethical boundaries.

Audience Metrics

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Frequently Asked Questions About The Upper Brand

What is The Upper Brand about and what kind of topics does it cover?

The show focuses on the convergence of trademark law, brand strategy, and IP management, with frequent deep dives into licensing, brand governance, and cross-border issues. Episodes frequently feature legal practitioners and firm experts discussing real-world cases, practical guidance for in-house teams, and strategies for protecting brand equity in a competitive marketplace. Notable through-lines include the rise of AI in IP decisions, the interplay between licensing and branding, and actionable playbooks for risk management, enforcement, and market strategy. The format often blends case analysis with how-to guidance, making it valuable for lawyers, brand managers, and business leaders looking to strengthen their brand protection and go-to... more

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1. Call Me Back - with Dan Senor

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The Upper Brand launched a year ago and published 14 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on The Upper Brand?

Recent guests on The Upper Brand include:

1. Madeline Thomas
2. Ana Leticia Allevato
3. Mike Linear
4. Jeremy Hurewitz

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