SAN DIEGO – A former player for the San Diego Chargers alleges Under Armour is unlawfully using his trademark.
Lights Out Holdings LLC and Shawne Merriman filed a complaint on Feb. 1 in the U.S. District Court for the Southern District of California against Under Armour Inc. alleging trademark infringement, breach of contract, false endorsement and other counts.
According to the complaint, the plaintiffs are the owners of the Lights Out marks and allege the defendant is unlawfully using the marks on a line of athletic footwear featuring professional basketball player Stephen Curry with the name “Curry 3 Lights Out” and also on apparel. The suit states the parties entered into a settlement over the use of the Lights Out marks in 2015 but that the defendant continues to use the marks.
The plaintiffs hold Under Armour Inc. responsible because the defendant allegedly is likely to cause confusion among consumers by offering similar merchandise and using the same marks as plaintiffs' distinctive marks and refused to honor the settlement agreement by continuing to sell infringing merchandise.
The plaintiffs request a trial by jury and seek judgment in favor of plaintiffs, permanent injunction, treble, exemplary and punitive damages, interest, costs and expenses, attorney’s fees, restitution, and further relief as the court may deem just. They are represented by Andrew D. Skale and Wynter L. Deagle of Mintz Levin Cohn Ferris Glovsky and Popeo PC in San Diego.
U.S. District Court for the Southern District of California Case number 3:17-cv-00194