Former San Diego Chargers linebacker Shawne Merriman and his company “Lights Out Holdings” filed a federal court lawsuit against the Vermont Teddy Bear Company for trademark infringement, unfair competition and false endorsement.
The lawsuit claims Merriman — nicknamed “Lights Out” since high school — formed “Lights Out Holdings LLC” in 2007.
According to the suit, the “Lights Out Holdings” trademark registration covers various items of apparel, such as clothing for men, women and children, namely, bottoms, boxer shorts, caps, hats, sleepwear and underwear.
“Lights Out” products have enjoyed substantial success and popularity, and have been sold at Walmart, ShawneMerriman.com and LightsOutBrand.com, according to the lawsuit.
According to the suit, sometime around early 2015, the Vermont Teddy Bear Company was using the “Lights Out” mark on some of its products such as adult and children’s sleepwear.
The suit — filed Tuesday — also alleges that the Vermont Teddy Bear Company’s “Lights Out” pajamas were sold nationally through an online store, www.pajamagram.com.
Merriman played for the Chargers from 2005-2010 and with the Buffalo Bills in 2011 and 2012. He sued Nike earlier over trademark infringement.
–City News Service
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