Rick Young is a partner in the IP practice of Quarles & Brady LLP in Chicago, has seen a great deal of change in the trademark law business in his 25-plus years of counselling clients on such issues as infringement, licensing and branding—all while litigating patent, trademark and copyright actions in federal trial and appellate courts.
“I’ve always enjoyed helping clients to be more competitive and to use their brands strategically, and that’s become even more important in the current down economy,” he says.
Rick sees the changes coming more quickly, with trademark law being pushed by rapid changes associated with the Internet, including social media. “The confusion factors to which we have historically looked, such as
DuPont and
Polaroid, including notions of distinct channels of commerce, different consumers and the
Dawn Donut doctrine—all of which have been central to trademark law for over 100 years—are being challenged because of the evolution of commerce itself,” he says.
A longtime INTA volunteer, Rick says he would like to see the organization become even more active in the courts—through the filing of amicus briefs—and in Congress to help shape trademark law. “Too often courts look to patent law to guide decisions in trademark cases,” he says. “Misapplication of the Supreme Court’s
eBay decision in trademark cases is an example of confusion among district courts about the underpinning of trademark law.”
Rick’s contributions to INTA and the industry include serving as co-editor of U.S. Federal Circuits, an early electronic INTA publication. “It was a mammoth undertaking with co-editor Michael Grow and a large group of volunteers,” he recalls. “The work included a summary of every federal appellate trademark decision over a period of about 20 years, as well as key biographical information about each sitting federal appellate judge—including his or her trademark experience and viewpoints.”
True to his can-do work ethic, Rick thinks Nike’s JUST DO IT trademark would best describe him. “I like to be direct and have little patience for bureaucratic nonsense.” At the same time, his favorite trademark—IT’S NOT WHAT YOU EARN, IT’S WHAT YOU KEEP—reflects a point of professional pride for an IP veteran. “We have been very successful protecting this mark against infringement in the tax-free investment field,” he says.
When not working in trademarks, Rick can most often be found in drafty ice rinks watching and photographing his three sons as they play hockey.
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© 2012 International Trademark Association