Following the dismissal of assault, battery and false imprisonment charges filed against him by ruckus racking TV reality star Tila Tequila, Shawne Merriman has now filed a copyright and trademark infringement lawsuit against the starlet.

Merriman, aside from playing as the linebacker for San Diego Chargers, also runs a business called Lights Out Holdings. In his lawsuit, Merriman claims that his former girlfriend used his famous “Lights Out” logo on her website without his permission and that the use of his “Lights Out” trademark will likely confuse consumers into believing there is an affiliation between the two of them.

He also alleged that prior to Tila filing charges against him caused the agreement he was negotiating with Walmart stores for the distribution of his T-shirts to get delayed.

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

Trademark and copyright are two entirely different types of intellectual property protections. A copyright is used for any creative or artistic expression of an idea through a medium such as a poem or a book.

A trademark on the other hand, refers to distinctive signs or indicators used by an individual or company in order to identify their products and services to the public. A logo or a brand is an example of trademark.

Using a trademark or a copyrighted work without the permission of the owner or author in certain products which may be similar or dissimilar would constitute trademark infringement and copyright infringement.

The owner of a registered trademark or copyright may institute legal proceedings against the infringer for trademark infringement or copyright infringement.

Since the owner has exclusive rights to the trademark or copyrighted item, an injunction may also be filed to get the offender to stop the use of the trademark which is detrimental to the owner’s business as well as file a claim for damages.

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