Skip to content

Menu

HomeAboutContactSubscribe
Search
Close
DuetsBlog ® logo

Collaborations in Creativity & the Law ®

Home > Advertising > LINEBACKER VS. TEDDY BEAR

LINEBACKER VS. TEDDY BEAR

By Tiffany Blofield on April 14, 2016
Posted in Advertising, Branding, Copyrights, Fashion, Infringement, Law Suits

Former NFL player Shawne Merriman’s company sued the Vermont Teddy Bear Company over the trademark “Lights Out” last week.

Shawne Merriman

Mr. Merriman’s use of the mark goes back to high school where he earned the nickname after knocking 4 players unconscious during the first half of a football game.   Query whether such a nickname would arise in the more health conscious environment of football today.  The changing views of concussions suffered by football players was recently told in the superbly acted Concussion starring Will Smith as real-life Dr. Bennet Omalue.  But, I digress.

The Lights Out  nickname stuck with Mr. Merriman when he went to play for the San Diego Chargers.  He earned the title of “NFL Defensive Rookie of the Year” and played in the Pro Bowl in Hawaii.

The savvy businessman decided to solidify his Lights Out  brand for use even after his glory days in the NFL by forming the company Lights Out Holdings, LLC.  He then obtained a federal registration for the Lights Out  mark in 2004 for use with “clothing for men, women and children, namely, bottoms, boxer shorts, caps, hats, headwear, night wear, shirts, shorts, sleepwear, t-shirts, and underwear.”  According to the Complaint, the company’s products have enjoyed substantial success.

If your child, niece or nephew, owns a teddy bear, there is a good chance it was produced by the Vermont Teddy Bear Company.  The company purportedly produces close to 500,000 teddy bears each year that it sells by mail order and over the internet.

Vermont Teddy BearFor those of you who follow the stock market closely, you may recall that the company used to be traded on the NASDAQ stock exchange under the ticker symbol BEAR, but was later taken private in 2005.  Vermont Teddy Bear is no stranger to IP disputes having sued Walt Disney Co. for infringement of its trademark mail-order “Bear Gram” ideas and logo.

In the current lawsuit, Mr. Merriman’s company alleges that the Vermont Teddy Bear Company is using the Lights Out  mark for its products, including pajamas.  These pajamas are sold online at stores like Walmart for example.

Mr. Merriman’s company sent a cease and desist letter to the Vermont Teddy Bear Company asking them to quit using the mark with its pajamas.  The company refused to abandon use of the Lights Out  mark.  This caused Mr. Merriman to file a lawsuit against the company alleging trademark infringement, unfair competition, false endorsement and violation of the right of publicity.

Will it be “lights out” for the teddy bear company’s use of the mark?  Only time will tell.

Tags: football, infringement, Logo, NFL
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Related Posts
Chunky Dunky
Hotels, Ice Cream, and Shoes as Canvases for Great Brands
October 21, 2020
BackcountryLogo
Backpacks, Boycotts, Brand Bullying, Backlash, and Backcountry.com
January 27, 2020
WorldsSoftestSock
Put a Sock in Informational Refusals?
December 2, 2019

Stay Connected

Subscribe to this blog via RSS Twitter
Subscribe

Duets Blog Authors

Photo of Jake AbdoJake Abdo
Photo of Steve Baird®Steve Baird®
Photo of Tiffany BlofieldTiffany Blofield
Molly LittmanMolly Littman
Photo of Draeke WesemanDraeke Weseman

Topics

Tags

Archives

Blogroll

  • Brand Autopsy
  • Brand New
  • brandGEEK
  • CapsuleBlog
  • CatchThis
  • Counterfeit Chic
  • Fritinancy
  • Idea Peep-Show
  • Intellectual Property Law Blog
  • Las Vegas Trademark Attorney
  • Likelihood of Confusion®
  • LoTempio Law Blog
  • Marketing Power: American Marketing Association
  • Name Wire: The Product Naming Blog
  • On Brands
  • Packaging News
  • PSFK
  • Rebecca Tushnet's 43(B)log
  • Romenesko
  • SCOTUSBLOG
  • Seattle Trademark Lawyer
  • Seth Godin's Blog
  • Silicon Valley IP Licensing Law Blog
  • The Dieline
  • The FairWinds Blog
  • The Trademark Blog
  • The TTABlog

Links

  • ABA Journal
  • Capsule
  • Contemporary Intellectual Property, Licensing & Information Law
  • Domain Tools
  • Federal Trade Commission
  • Franklin Pierce Law Center
  • Ingenuity Marketing Toolkit
  • Internet Archive
  • Legal Marketing Association
  • Marketing Power: American Marketing Association
  • The Hollywood Reporter (THR)
  • Trademark Trial and Appeal Board
  • U.S. Copyright Office
  • United States Court of Appeals for the Federal Circuit
  • United States Patent and Trademark Office
  • USPTO Trademark Soundex
  • WayBack Machine
  • YouTube

Stay Connected

Subscribe to this blog via RSS Twitter
Privacy PolicyDisclaimer
Copyright © 2023, SRB IP Holdings LLC All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo