DuetsBlog Collaborations in Creativity & the Law

David Pabian

View my professional biography

An interest in technology and a tendency toward early adoption led me to write a book on the iPhone 3G shortly after graduating from college. I then spent two years in Spain teaching at a public bilingual grade school. While living abroad, I noticed the stark difference in advertising and branding from country to country, more greatly appreciating the importance of the likes and cultural norms of an audience. My interest in technology then steered me towards a job with a web based data management company in Chicago. While there I began to appreciate the how law and technology interact with market forces.

Law school was a natural next step for me and I soon moved up to Minneapolis to attend the University of Minnesota Law School. While there I organized a symposium on how international law has developed to take the internet account. The symposium focused on the data security, privacy, and speech implications of new national and international legal regimes.

In my free time I enjoy cooking, biking, and music. When I’m able to take enough time off, I’m often traveling nationally and internationally, or camping (the Boundary Waters in May before all the crowds is my personal favorite).

Posts by David Pabian

ADD A ZERO v. ADIZERO

Posted in Mixed Bag of Nuts

The long running trademark dispute between Adidas and a church in Illinois just had a decision handed down by a federal appeals court. Adidas thought it could outrun a church in Zion Illinois, but it appears that they miscalculated the church’s endurance. In 2009, Adidas applied to register the ADIZERO mark for athletic apparel. Unfortunately… Continue Reading

Cubs – The Brand

Posted in Mixed Bag of Nuts

As I write this, the Cubs are getting ready for game six of the World Series. It’s win or go home for the Cubs, who are undoubtedly hoping to force a game seven on Wednesday. They are undoubtedly hoping to win game seven as well. For those that aren’t aware, the Cubs were last in… Continue Reading

The Evolution of Pod-Shaped Lip Balm

Posted in Product Configurations

I’m sure most of you have noticed those little egg shaped lip balms at the check out line in Target, Wal-Mart, Costco, and just about any other big store. The company that makes these, Evolution of Smooth or EOS, really hit on something big. Stores stock the product at check out lines across the country…. Continue Reading

Rio 2016: Out Counterfeiting the Counterfeiters

Posted in Advertising, Branding, Infringement, Mixed Bag of Nuts

The Rio Olympics have decided that the best way to fight counterfeiters is to beat them at their own game; counterfeit themself. That’s not entirely true. Of course, you can’t really counterfeit what you own the rights to, for one. They are still aggressively going after counterfeit products. And despite the Olympic Rings, TM symbol,… Continue Reading

Feyoncé . . . he put a ring on it

Posted in Copyrights, Infringement, Law Suits, Mixed Bag of Nuts

Beyoncé recently filed suit against a company for trademark infringement based on their use of the term “Feyoncé” on apparel.  They’ve even got this nice mug: It seems pretty clear what they’re going for here. There are a couple of trademark applications pending for FEYONCE and FEYONCE’. Interestingly enough, both have been issued preliminary refusals… Continue Reading

Another Pom Case

Posted in Advertising, False Advertising, Food

No, this one isn’t about uniforms. The Supreme Court has refused to hear POM Wonderful’s appeal of FTC findings that claims in POM’s advertising were misleading. POM’s ads claimed that its juice could help prevent heart disease, prostate cancer, and erectile dysfunction. Unsurprisingly, the FTC thought that POM should have some proof of those claims… Continue Reading

Adblock, Generic for Ad Blocking?

Posted in Almost Advice, Branding, Genericide, Infringement, Mixed Bag of Nuts, SoapBox

AdBlock Plus doesn’t seem to think so. Though they apparently also do think so (more on that below). Adblock Plus was successful in registering the ADBLOCK PLUS mark. Now they’re using that registration to issue take down notices to people using Adblock in their name. That left me scratching my head. It all sounds rather… Continue Reading

Whose Intent Matters in an Abandonment Claim?

Posted in Advertising, Loss of Rights, TTAB

The Trademark Trial and Appeal Board (TTAB) granted a Petition to Cancel based on an abandonment claim involving a parent-subsidiary relationship. Floorco Enterprises applied for and received a registration for the mark NOBLE HOUSE for “furniture.” Noble House Home Furnishings later applied for the NOBLE HOUSE HOME FURNISHINGS mark for “on-line retail store services featuring… Continue Reading

The March Madness Road Trip Returns

Posted in Advertising, Branding, Marketing, Mixed Bag of Nuts, SoapBox, Squirrelly Thoughts, Television

It’s that wonderful time of year again, March Madness! When families, friends, and coworkers all get together to casually gamble and all throw $10 into a pool. When 12’s beat 5’s and mess up your bracket. When you lose one game and are sent packing. The few weeks when “Cinderella” is uttered most throughout the… Continue Reading

Kylie v. Kylie

Posted in Dilution, Fashion, Mixed Bag of Nuts, Trademarks, TTAB

Kylie Minogue has filed an opposition to Kylie Jenner’s attempt to register the KYLIE mark in connection with “Advertising services, namely, promoting the brands, goods and services of others; endorsement services, namely, promoting the goods and services of others,” claiming priority and likelihood of confusion, dilution by blurring, and dilution by tarnishment. The opposition calls… Continue Reading

Taco Tuesday®

Posted in Mixed Bag of Nuts

I know today is Thursday, but I am a taco fan. Just be careful what you call your Tuesday evening taco promotion. A couple of nights ago, I saw what I believe was my first Taco John’s commercial. In it, they were making a big deal about how they loved Taco Tuesday® so much that… Continue Reading

Detroit Lions Trademark “Defend the Den”

Posted in Branding, Mixed Bag of Nuts, Squirrelly Thoughts, Trademarks

The Detroit Lions have registered the phrase Defend the Den. This is part of what appears to be a growing movement in college and professional sports to trademark common or more particular phrases used at their sporting events. The Seahawks have been registering just about everything it can that deals with the number 12 –… Continue Reading

Locally Sourced, Pasture-Raised, Non-GMO, and coming soon . . . E. Coli Free!

Posted in Advertising, Branding, FDA Approval, Food, Marketing, Mixed Bag of Nuts

Chipotle has certainly had a rough few weeks. With news of at least another 80 people sickened (apparently from a norovirus this time) after eating at a Boston area Chipotle (on top of at least 52 people in six states from E. coli), I can’t help but think of Jack in the Box. For those… Continue Reading

YouTube Commits to Protecting Fair Use, a Few Cases at a Time

Posted in Copyrights, Fair Use, Infringement, Law Suits, Mixed Bag of Nuts

YouTube announced that it will “offer legal support” to a small set of videos that it thinks are “some of the best examples of fair use on YouTube” and “represent clear fair uses which have been subject to DMCA [Digital Millenium Copyright Act] takedowns.” Many people complain of abuse of the DMCA process and intimidation from… Continue Reading

Fuel for the Flames

Posted in Infringement, Law Suits, Social Networking

A company called WildFireWeb is suing Tinder, Inc. in the Central District of California for allegedly infringing on its TINDER mark. For those who don’t know what Tinder, Inc.’s TINDER is, it’s a dating application that offers a rather limited profile, a few photos, and few filters, like proximity. If both matched parties indicate they… Continue Reading