Naperville attorney suing Adidas, basketball star

A Naperville attorney has filed a federal trademark and copyright lawsuit against Adidas and an NBA basketball star.

W. Brand Bobosky says an Adidas marketing campaign with Boston Celtics forward Kevin Garnett used his copyrighted phrase, "We Not Me," without his permission. He filed suit last week.

Bobosky said he developed the phrase in 1999 and presented it to the Rotary Club the following year.

"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."

Bobosky registered the phrase as both a trademark and copyright, according to his attorney, Stephen Drinnon, of the Drinnon Law Firm in Dallas.

He has put the phrase on key chains, cups, buttons and hats. He also incorporated We Not Me, Ltd. and created a Web site for it.

Bobosky has been trying to market the phrase to a variety of groups and companies including Wal-Mart, the Bill and Melinda Gates Foundation and Oprah Winfrey.

In 2007, Adidas used the phrase "We Not Me" in a national advertising campaign featuring Garnett and put it on Internet commercials and athletic apparel without Bobosky's permission, according to the lawsuit.

Bobosky said the campaign makes it appear Garnett came up with the phrase.

"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.

After learning of the advertising campaign, Bobosky negotiated with Adidas for 11 months to try to work out a licensing agreement but was not able to do so.

He filed suit Oct. 1 in the U.S. District Court for the Eastern District of Texas. The suit names Adidas AG, Adidas America Inc., The Adidas Group AG, NBA Store Inc., NBA Store LLC, NBA Properties Inc., NBA Services Inc. and Kevin Garnett.

Bobosky is seeking damages, profits from Adidas' campaign, attorney's fees and an injunction preventing the defendants from using the phrase "We Not Me."

Drinnon said the Texas court where the suit was filed has a special system for handling trademark and copyright cases and he expects it to go to trial within a year.

Adidas officials could not be reached for comment Monday afternoon.