October 6, 2009 by Robert Tharp at 11:48:19 am
It's enlightening to look at Adidas aggressive efforts to protect its trademarked three-stripes logo from 70-year-old Brand Bobosky's standpoint. Adidas has been understandably aggressive in protecting its trademarked three-stripes logo. Just last year, the athletic apparel and sporting good manufacturer won an epic $305 million verdict against Payless Shoestores for selling shoes that looked a little too much like Adidas. The verdict included $137 million in punitive damages against Payless.
And that's what makes the company's multimillion dollas "We Not Me" advertising campaign such a head-scratcher, says Dallas attorney Stephen Drinnon of The Drinnon Law Firm. According to a lawsuit the firm filed on Bobosky's behalf, Bobosky had secured federal trademark and copyright protection over "We Not Me," years before Adidas roled out the commercials in 2007 featuring NBA MVP Kevin Garnett. He also incorporated We Not Me, Ltd., through the state of Illinois and created the Web site, http://wenotme.us , in 2004.
The Adidas advertising campaign included exposure during the World Series and the NBA playoffs. Drinnon says that Bobosky's complaints to Adidas had the opposite effect, and the media campaign expanded after Mr. Bobosky notified Adidas of his property rights to "We Not Me." Even today, NBA-sanctioned clothing featuring Mr. Bobosky's protected words can still be purchased. Adidas is an official clothing provider of the NBA.
"Companies like Adidas go to great lengths to protect their own ingenuity and intellectual property, yet they've chosen to trample on Mr. Bobosky's protected property rights," Drinnon says. "Adidas is a powerful second-comer that has taken everything he tried to build. Mr. Bobosky's words are now wrongly perceived as something that Adidas owns."
As Bobosky explained to the Chicago Daily Herald: "Basically it's Christ's message reduced in the simplest terms, do unto others," he said. "I think it's just a good reminder to people about how to conduct their lives and it works."
"They've basically destroyed any chance I have of marketing it and licensing it to a company or to a church or someone that believes in that message and would like to promote it and take it to another level," he said.
The lawsuit, filed in the U.S. District Court for the Eastern District of Texas, also names as defendants Adidas America, NBA Properties Inc., NBA Services Inc., the Boston Celtics, and Kevin Garnett.
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