Опубликовано
6 февр. 2017 г.
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Under Armour sued by former NFL star Shawne Merriman for infringement

Опубликовано
6 февр. 2017 г.

Former NFL star Shawne Merriman is taking Under Armour to court. The Lights Out Holdings, LLC founder last week sued the sportswear manufacturer for trademark infringement and four other counts in the United States District Court for the Southern District of California.


Former NFL star and owner of Lights Out Holdings Shawne Merriman


 
The dispute is related to the Curry 3 Lights Out sneaker and a “Lights Out” mobile game that infringe on the trademark. The phrase “Lights Out” is a federally registered and incontestable trademark for Lights Out Holdings. The company is named after Merriman’s nickname during his NFL career that spanned from 2005 to 2012.
 
“It is amazing to me that Under Armour is again involved in the use of the ‘Lights Out’ mark,” said Merriman. “I hope we are able to resolve this case amicably as well.”

Merriman took Under Armour to court in March 2015 for trademark infringement and the two parties reached a settlement. Under Armour was also sued for federal unfair competition, common law unfair competition, false endorsement, violation of the California Business and Professions Code, and breach of contract.
 
Under Armour recently missed estimates, posting lower-than-expected quarterly profit and sales. The company had averaged a quarterly growth rate of 20% for over six years, but now analysts expect a 15% growth rate to be the new normal.

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