Former NFL Linebacker Shawne Merriman Takes Nike to Court Over Lights Out Brand

Former NFL and San Diego Chargers player Shawne Merriman today took athletic equipment giant Nike to court in San Diego alleging unfair competition and trademark infringement of his LIGHTS OUT brand.

Lights Out Holdings, ask LLC in California Federal Court and demands immediate injunctive relief to stop Nike’s actions, ambulance and millions of dollars of damages including “statutory damages of up to $2 million per content mark per type of goods or services sold, anabolics offered for sale or distribution

“I earned my ‘Lights Out’ nickname in high school when I knocked out four opposing players in one football game,” said Merriman. “I made things official by securing the federal rights to my LIGHTS OUT trademark and have been using it ever since. 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.”.

In late 2006 or 2007, according to the lawsuit, Nike entered into negotiations with Merriman for a LIGHTS OUT line of apparel. Negotiations between Merriman and Nike were unsuccessful but, according to the complaint, “after these discussions Nike decided to use the LIGHTS OUT clothing brand anyway.”