Ex-player sues teddy bear maker

Published 12:00 am Saturday, April 9, 2016

SAN DIEGO — Lights out: A cute phrase on a sleepwear to encourage kids to go to bed? Or the trademarked catchphrase of former San Diego Chargers linebacker Shawne Merriman, a nickname bestowed on him in high school when he knocked four players unconscious in the first half of a game?

Merriman has filed a lawsuit in San Diego federal court claiming the phrase belongs to him and his Lights Out Holdings, a company he created that sells branded clothing for men, women and children, as well as other items such as sporting equipment and toys.

The lawsuit, filed Tuesday, demands the Vermont Teddy Bear Company stop using the “lights out” phrase on child and adult pajamas and asks for an undisclosed amount in damages, in the millions.

Merriman, a first-round selection in the 2005 NFL draft for the Chargers, first trademarked the phrase in 2004. His clothing line has sold in Walmart and online.

Merriman’s company discovered the Vermont company’s use of the phrase on merchandise that was sold online and asked it to stop, but the company refused, the lawsuit states.

Merriman has settled similar lawsuits with Nike and a bowling ball company.

— From wire reports

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