The Upper Brand

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, 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.

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.