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Merriman sues Tila Tequila for copyright infringement

SAN DIEGO — San Diego Chargers linebacker Shawne Merriman filed a copyright and trademark infringement lawsuit Wednesday against reality television star Tila Nguyen, alleging she posted pictures of Merriman and used his "Lights Out" trademark on her Web site without permission.

The federal lawsuit alleges that Nguyen, also known by her stage name Tila Tequila, used the pictures to drive traffic to her site so visitors would purchase goods and services such as music and jewelry and VIP services.

Merriman, who runs a business called Lights Out Holdings, said he had been negotiating an agreement with Walmart stores for the distribution of T-shirts.

According to the suit, Walmart has "delayed" its dealings with Merriman. Merriman also said his relationship with the San Diego Chargers has suffered because of Nguyen’s statements and actions.

Merriman says that Nguyen’s use of his "Lights Out" trademark "is likely to confuse consumers into believing there is an affiliation, connection, sponsorship or other form of relationship between defendant and plaintiff which in fact does not exist."

Merriman alleges that Nguyen set out to make unfounded charges on her Web site, to the press and to other people knowing they would interfere with his business relationships. These include allegations that he choked and attacked her, that he "sleeps with minors and forces them to take drugs" and used illegal drugs.

Merriman says in the lawsuit that she has admitted making false statements about the football player.

He is seeking an injunction from trademark and copyright infringement, statutory damages of up to $2 million and other unspecified damages.

Merriman sues Tila Tequila for copyright infringement - SignOnSanDiego.com

So he's one-upped her by filing a federal suit against her paltry state suit.

Hang on while I go refill my popcorn bucket, this drama just keeps getting better ...

3 months ago Me_isight_tiny creanium 16 comments 0 recs  | 

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Wouldn’t it have made more sense for his company to sue her rather than him doing it himself?

"I did not invent the wheel, I was the crooked spoke adjacent." - Aesop Rock

by John Gennaro on Dec 10, 2009 12:25 PM PST reply actions   0 recs

Merriman needs somebody to advise him

It sounds like a BS suit, Tila is going to love the publicity and the Chargers/Next team aren’t going to like his head being tied up in a lawsuit. Stupid, stupid, stupid…

"Football is a physical sport, sometimes you have a disagreement on what's going on, and you have a discussion about it." Kris Dielman

by Brian (DaBolts) on Dec 10, 2009 1:20 PM PST reply actions   0 recs

I don't think so

He has a pretty strong invasion of privacy/defamation case against her (although those are state claims) and intentional interference with economic/business relations

Mountain West Connection ::Above the Rest::
Bolts From The Blue "There’s a gleam men. Let’s go get the gleam! Focus and Finish!!! One play at a time!!! Let's Go!!!"
Representing the San Diego State University Aztecs, home of the 2009 College Cheerleading National Champions in the all women's division.

by Sam (sdsuaztec4) on Dec 10, 2009 2:56 PM PST up reply actions   0 recs

That's nice and all.

But it seems petty on its face, and fans want his head in the game, not on the phone with his lawyers about some dumb revenge case that will in reality have no bearing on how many people buy his stupid t-shirts.

by Dalton on Dec 10, 2009 6:58 PM PST up reply actions   0 recs

He really doesn't have to do anything, lawyers will take care of everything

Disregarding the t-shirts, the things she has publicized is very libelous and it DOES hurt him big time when it comes to negotiating his next contract, it could hurt him in the amount of millions…that’s serious business.

Mountain West Connection ::Above the Rest::
Bolts From The Blue "There’s a gleam men. Let’s go get the gleam! Focus and Finish!!! One play at a time!!! Let's Go!!!"
Representing the San Diego State University Aztecs, home of the 2009 College Cheerleading National Champions in the all women's division.

by Sam (sdsuaztec4) on Dec 10, 2009 7:23 PM PST up reply actions   0 recs

Which contract?

Football contract? You think AJ or any other GM gives a shit about this, unless he’s protracting it? Do you think so many people are buying LIGHTS OUT tees that his business is hurt if he doesn’t fight Tila Frikkin Tequila’s twitter feed in court?

If anything, he should have handled this like Roethlisberger: don’t comment specifically, say how hurtful and crazy the allegations are, get your teammates to back you up, and move on. Most of your supporters will assume the allegations are baseless in that case. The tit-for-tat gives credence to the other side, IMO.

by Dalton on Dec 10, 2009 8:05 PM PST up reply actions   0 recs

Keep in mind:

I realize you’ve been in law school for 3 months and all. I’m not disputing the facts of this case, per se— just the decision to pursue this.

by Dalton on Dec 10, 2009 8:06 PM PST up reply actions   0 recs

he has a right to his intellectual propery...

and his football contract will only pay so much and it’s expensive to be rich…should michael jordan have just focused on basketball because he was making enough money…let the dude get his paper and protect his future…the lawyers will take care of it anyway…i doubt he’s taking time away from practice to go over legal motions and by filing this case maybe he can get her to shut her mouth and find someone else’s name she can leech off of

"that wasn't a very good start to us getting our lives together. i didn't even go to work today."

...ya'll are brutalizing me... ronnie dobbs

by notorioushbi on Dec 10, 2009 9:25 PM PST up reply actions   1 recs

The different in Big Ben’s case and this one is that Ben’s accuser stopped after the initial accusation. The more Merriman ignores Tila, the more she brings him up to defame him. That itself will effect any contract talks he has.

Not only is he trying to get all of her claims disproved, I imagine he’s probably going to try to get a court order that she is no longer allowed to comment on him anymore (if that’s possible). That way she doesn’t pop up in the middle of his negotiations.

"I did not invent the wheel, I was the crooked spoke adjacent." - Aesop Rock

by John Gennaro on Dec 11, 2009 4:42 AM PST up reply actions   0 recs

once tila published those false comments on her website

there is defamation when it’s false, so he has a good claim.

I bomb atomically, Socrates' philosophies
and hypothesis can't define how I be droppin these
mockeries, lyrically perform armed robbery
Flee with the lottery, possibly they spotted me
Battle-scarred shogun, explosion when my pen hits
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by tonik on Dec 10, 2009 4:31 PM PST up reply actions   0 recs

Good, paybacks a bitch!!!

i hope he finishes strong this season.

by brandamanda on Dec 10, 2009 2:38 PM PST reply actions   0 recs

TAKE THAT SKANK!

Our collective lack of productivity has clearly paid off in the grandest of fashion. We are going to Pasadena. Yes, let that sink in. WE ARE GOING TO PASADENA. To be honest, this has not yet hit me-WE ARE GOING TO PASADENA. Wow.

Juju, We applaud your devotion and pure decency throughout the season.

by CaDuck on Dec 10, 2009 4:38 PM PST reply actions   0 recs

eh, who cares

I also don’t get why so many people bash Tila Tequila here and hold Merriman up as some sort of bastion of integrity.

by Dalton on Dec 10, 2009 6:39 PM PST reply actions   0 recs

Popcorn

What happened to your first bucket of Popcorn? Did you do a T.O. impression?

by Brian K on Dec 10, 2009 11:20 PM PST reply actions   0 recs

I'm actually on bucket number 3

The first two got eaten during the initial choking accusation then when she sued him. I got smart though and just picked up a bigger bucket this time so it lasts longer.

by creanium on Dec 11, 2009 10:05 AM PST up reply actions   0 recs

It looks like

Probably an attempt to shut her up, get her to stop bashing him publicly so he can move on, as opposed to actual losses due to infringement. This is a win-win regardless if he wins the case in court.

by SJO on Dec 11, 2009 3:18 PM PST reply actions   0 recs

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