Former footballer sues Nike over use of nickname
A former professional American football player has sued Nike claiming it infringed a trademark he owns for his nickname.
Shawne Merriman, a former player for the San Diego Chargers, claims the sportswear company has infringed a trademark he owns for the term ‘Lights Out’.
Merriman got the nickname from his alleged strength which he allegedly used to knock opposing players out during his heyday in the National Football League.
According to the lawsuit, Nike and Merriman unsuccessfully tried to launch a Lights Out branded clothing line between 2006 and 2007 but Nike went on to use the name anyway.
In a statement, issued after filing the court case, Merriman said he had had the nickname since high school and “made things official” by securing rights to a trademark in 2007.
“I have been using [the trademark] ever since,” he said, adding: “I am suing Nike as a last resort, not only to protect my brand, but to protect other athletes who are trying to develop a brand after their professional career, like myself.”
Before the lawsuit was filed, it was announced that Merriman had signed a contract with professional wrestling company World Wrestling Entertainment (WWE).
It is not known whether the litigation is related to Merriman’s hopes of using the term during his time with the WWE.
The lawsuit, brought by Merriman’s company Lights Out Holdings LLC, was filed at the US District Court for the Southern District of California on April 14.
Merriman is demanding an injunction against Nike as well as damages.
Nike did not immediately respond to a request for comment.
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