SAN DIEGO — A former NFL player who launched an athletic apparel company based off the nickname earned during his career, "Lights Out," has filed suit against a company for alleged trademark infringement, trademark dilution and unfair competition.
Lights Out Holdings LLC filed a complaint Aug. 30 in U.S. District Court for the Southern District of California against Lights Out Apparel LLC, Jacob Lawson and Zachary Kosojet, doing business as Lights Out Billiards Apparel and Does1-10, alleging that they violated the California Business and Professions Code.
According to the complaint, the plaintiff alleges that Lights Out Holdings LLC had suffered detriment to its business, goodwill, reputation and profits as a result of defendants' infringement of its registered trademark "Lights Out," known for its variety of athletic apparel and related goods, confusing customers. The plaintiff also alleges the defendant used the infringing marks for their own athletic products.
The plaintiff holds the defendants responsible because the defendants allegedly caused confusion to consumers as to their products' true origin, intended to divert consumers to their own websites and gained profit from the plaintiff's reputation.
The plaintiff requests a trial by jury and seeks judgment in its favor, permanent injunction, pay over profits from infringement, damages, attorneys' fees, disgorge ill-gotten gains, abandon pending trademark applications, transfer domain names bearing the Lights Out mark and further relief as the court finds proper. It is represented by Jeffrey A. Kobulnick, Mark D. Brutzkus and Michael A. Bernet of Brutzkus Gubner in Woodland Hills.
U.S. District Court for the Southern District of California case number 16-cv-02195