Merriman's Argument Essay

In the article,” Nike, Ex-NFL Star Settle 'Lights Out' Trademark Dispute” by Peter Y. Kang, discusses a trademark debate with Ex-NFL Star Linebacker, Shawne Merriman. He is accusing Nike of improperly using the trademark for his nickname “Lights Out.” Merriman, a former NFL Defensive Rookie of the Year, sued Nike previously in April 2014, asserting that the company had stolen his "Lights Out" nickname after failing to license it from him. Merriman earned the nickname by knocking opposing players unconscious and was ultimately his known trademark, which he would use on his own merchandise selling. In court documents ” Merriman argued that Nike has continued to infringe the Lights Out mark by, among other things, continuing to sell products to retailer Champs Sports, which is using the phrase to market a collection of all-black Nike apparel.” Until his injuries ended his NFL career, Merriman was signed to Nike endorsement deals by which he argues in his summary judgment motion filed in April that “Nike has made “an obscene amount of money” by infringing his mark.” His evidence is by arguing that the Ninth Circuit case law clearly prohibits Nike from using the exact same
That order followed his August ruling denying Merriman’s request to block Nike from selling the all-black "Lights Out" gear while the suit was underway, ruling that Merriman hadn't shown the continued sales would irreparably damage his own brand.” Prior to the settlement,” The parties asked U.S. District Judge John A. Houston to grant their joint request to dismiss the case, agreeing to dismiss claims brought by Merriman and his company Lights Out Holdings LLC with prejudice and dismissing counterclaims brought by Nike Inc. without prejudice, according to a four-page filing. Terms of the settlement were not