Former NFL and University of Maryland football player Shawne Merriman has filed suit alleging Under Armour violated trademark rights by using “Lights Out” to promote sneakers endorsed by basketball star and company ambassador Stephen Curry.
Merriman’s performance apparel company is called “Lights Out Holdings,” and the former San Diego Chargers player says Under Armour wrongfully used “Lights Out” trademarks and breached a March 2015 settlement agreement.
In a suit filed in U.S. District Court for the Southern District of California, Merriman seeks damages of up to $2 million for every “counterfeit mark” and asks the court to bar the Baltimore company “from committing further acts of infringement.”
In a written statement, Under Armour said: "We are aware of Mr. Merriman’s claims and find them without merit. Under Armour plans to defend the case.”
Curry, the Golden State Warriors guard, is Under Armour’s top basketball endorser. The suit says Under Armour marketed “Curry Lights Out Sneakers in a variety of mediums,” including through a mobile “Lights Out” game.
It alleges the company breached a 2015 settlement agreement and then – last year –“refused to acknowledge that its conduct was infringing.”
Merriman starred at Maryland, the same school attended by Under Armour CEO and founder Kevin Plank, who also played football. Merriman was drafted into the NFL in 2005 and played for the Chargers and Buffalo Bills, making the Pro Bowl three times.