Tila Tequila’s boyfriend strikes back

So there was the San Diego Chargers’ Shawne Merriman, partying away, with Tila Tequila the Web’s hottest babe giving him a lap dance, and who only hours before had been gushing about him on her Twitter. And then a few hours later she dialed 9-1-1 on him, got him arrested, and called him a woman abuser.

Then she sued him. Then she got on the internet, stripped naked, and accused him of an assortment of vices, including drugging underage girls and having sex with them.

Apparently, at some point Merriman decided that enough is enough, so he sues Tequila back, says the San Diego Union-Tribune here.

In the newspaper’s story, Merriman complained about how Tequila’s antics have hurt his relationships with fans and the team.

What’s interesting, though, is he chose to sue Tequila, whose real name is Nguyen, in federal court by including a copyright claim. Read the federal complaint here.

The copyright claim is hinged upon Tequila’s use of Merriman’s photos on her web site. Like a tail wagging the dog, the copyright claim seems to serve merely to bring the main dispute into federal court. (It may be possible that Merriman’s lawyers are using it to threaten Tequila with statutory damages that theoretically can reach the millions, but, really, how many people think the max will be awarded?)

The Merriman side also strengthens its entry into federal court with a trademark claim. That one is based on Tequila bashing Merriman using his nickname – or, as the lawsuit points out, his trademark – “Lights Out.” Badmouthing someone using the person’s trademark, however, has been held by many courts not to be an infringement, making Merriman’s claim tenuous and more indicative that the whole point seems to be to manufacture federal jurisdiction.