Bobosky v. Adidas AG

843 F. Supp. 2d 1134 (2011)

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Bobosky v. Adidas AG

United States District Court for the District of Oregon
843 F. Supp. 2d 1134 (2011)

Facts

In 2000, W. Brand Bobosky (plaintiff), an attorney and president of his local Rotary club, printed the phrase We Not Me and a corresponding symbol on 200 lapel pins and distributed them at his presidential induction. Over the next few years, promoting the phrase became a passion for Bobosky. He registered two trademarks and engaged in extensive efforts to publicize the phrase. Bobosky’s first trademark application, filed in August 2004, asserted his intention to use the mark on various types of clothing. Bobosky later amended that registration to remove all items except hats from the list of intended clothing products. Bobosky filed a second intent-to-use application in March 2008, also asserting a bona fide intent to use the mark in connection with clothing, including hats, shirts, and footwear. Bobosky sued Adidas AG, NBA Media Ventures, LLC, and others (collectively, Adidas) (defendants) after they used the phrase in connection with a 2007 Basketball is Brotherhood marketing campaign. In his deposition, Bobosky admitted that he was not using the mark in connection with all the goods listed in his application or the statements of use submitted with them. Bobosky also acknowledged that he had no plans to use the mark on some of the items. Adidas moved for summary judgment on Bobosky’s trademark-infringement claim.

Rule of Law

Issue

Holding and Reasoning (Papak, J.)

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