Adidas Used Trademarks It Didn't Own in Boston Celtics Campaign, Suit Claims
Adidas and the NBA’s lawyers ignored listed trademarks and copyrights before launching their “We Not Me” basketball campaign (video below), if a lawsuit filed in federal court in Texas is to be believed.
But Adidas, the NBA, the Boston Celtics and Kevin Garnett need not worry that they’ve wandered into Taco Bell territory — in which the fast food shop paid $42 million for stealing the “Yo Quiero Taco Bell” campaign. Adidas’ use of the “We Not Me” term has been so limited than even it is found fully liable for infringing on the phrase, the financial damages will likely be a mere blip.
Do a Google search for “Adidas” and “We Not Me.” You won’t find very much. The most prominent example is Adidas’ passing use of the phrase in an Oct., 2007, press release. There’s also a T shirt for sale here.
And that’s pretty much it. The actual campaign was based around the concept of “It takes 5ive” and “Basketball is a Brotherhood.”
The plaintiff is W. Brand Bobosky, a lawyer of 40 years in Naperville, Ill. He had “We Not Me” trademarked in 2006 and copyrighted in 2005. But there’s no evidence in the suit that Adidas encountered Bobosky’s marks and then copied them. This gives Adidas a potential “independent creation” defense.
Jim Edwards, a former managing editor of Adweek, has covered drug marketing at Brandweek for four years, and is a former Knight-Bagehot fellow at Columbia University's business and journalism schools. Follow him on Twitter or send him an email.
BNET User Analysis