He has taken a special interest in contributing to the Salvation Army, Standing Up For Kids and Feeding America while establishing the "Lights On Foundation" in an effort to help children and families in need. Merriman is currently a television sports analyst.
Merriman is a three-time NFL Pro Bowler and NFL All Pro and was named the 2005 AP NFL Defensive Rookie of the Year. In 2008, Merriman sued a company called Lights Out Sportswear for copyright infringement, claiming he had previously opened a clothing line with a similar name. Merriman had an amazing career in the NFL, playing with both the San Diego Chargers and the Buffalo Bills. He knew right away that "Lights Out" was more than just a nickname, and set out to parlay the success of the Light Out® trademark into a globally recognized luxury lifestyle brand that features affordable items for all. Shawne Merriman ( ) was given the nickname "Lights Out"® in high school for his hard-hitting style of play.
The motion describes Nike's actions as "blatant counterfeiting".ĭespite many opportunities to resolve the matter without litigation, Nike has continued to substantially infringe the Lights Out® trademark. Lights Out consists of Merriman owning a NASCAR race team, continuing his charitable ventures for the Lights Out Foundation as well as appearing in commercials and national TV shows as an analyst. The motion also notes that Nike's actions were willful, and done despite expressly deciding not to obtain rights to the Lights Out® trademark from Merriman. "Under the law of false endorsement, likelihood of customer confusion is the determinative issue" according to the court documents. He is probably most recognizable to sports and athletic enthusiasts, which is the market Nike's Lights Out targets, according to the filing. He was also a prominent endorser of Nike's products for a number of years. Merriman has a highly visible persona due to his time in the NFL and his subsequent television jobs and charitable works. In celebrity endorsement cases such as this one, the term "mark" applies to the celebrity's persona. A false endorsement claim is brought under the Lanham Act and prohibits "the use of any symbol or device which is likely to deceive consumers as to the association, sponsorship, or approval of goods or services by another person." Summary judgment is sought on both Nike's infringement of the federally registered mark and on Shawne Merriman's false endorsement claim. According to the lawsuit, Nike, which is known for developing product lines associated with famous athletes, knew of Merriman's Lights Out ® brand when it signed with Merriman in 2006.Īccording to the filing, Nike's Lights Out apparel line consists of 56 separate products for both men and women and is quite successful. 2,885,212) and since it has been registered for so long, the Lights Out ® mark became incontestable on September 15, 2010. Merriman acquired the trademark for Lights Out ® in 2007 (U.S. In the alternative, the motion requests summary adjudication on the issues it raises. The motion requests that the court decide the pending lawsuit on summary judgment based on undisputed facts according to the lawsuit.