SAN DIEGO--(BUSINESS WIRE)--Former NFL star and current businessman Shawne Merriman and his company, Lights Out Holdings, LLC, today sued sportswear manufacturer Under Armour for trademark infringement and four other counts in the United States District Court for the Southern District of California. Ironically, according to the complaint, Under Armour had reached a settlement with Merriman and Lights Out Holdings in a trademark infringement dispute less than two years ago in March 2015. The previous dispute also involved the well-known Lights Out® brand.
In addition to the infringement activity detailed in the filing, plaintiffs also sued Under Armour for federal unfair competition, common law unfair competition, false endorsement, violation of the California Business and Professions Code, and breach of contract.
“It is amazing to me that Under Armour is again involved in the use of the ‘Lights Out’ mark,” said Merriman. “I hope we are able to resolve this case amicably as well.”
According to the complaint, since at least October of 2016, Under Armour marketed its new athletic footwear line using professional basketball player Stephen Curry and the name “Curry 3 Lights Out.” Numerous athletic footwear blogs posted about “Curry 3 Lights Out” shoes. The suit notes that Under Armour has also promoted a “Lights Out” game for use on mobile devices.
Lights Out Holdings own the federally registered and incontestable trademark for “Lights Out.” “Lights Out” was also Merriman’s nickname during his successful career in the NFL, where he was selected “NFL Defensive Rookie of the Year” and to the Pro Bowl and All-Pro teams in his first three seasons with the San Diego Chargers (2005-2007). Merriman has been able to turn that nickname into a successful brand, with Lights Out Holdings having numerous, successful product lines bearing the “Lights Out” brand.