Mattress Firm Selling Tempur Pedic Again Current News Sealy Lawsuit

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Tempur-Pedic denied motion for preliminary injunction against Mattress Firm

Published Aug. 30, 2018 • Updated Jan. eighteen, 2019

UPDATE: January 18, 2019: Tempur-Pedic's motion for a preliminary injunction in its suit confronting Mattress House was rejected, according to court documents filed January. eleven, on the basis that Tempur-Pedic had non sufficiently proven its instance. "Upon balancing all the factors, the Court finds that while there is a possibility of consumer defoliation betwixt the Therapedic Premier line and the Tempur-Pedic's Pro-Adapt line, this possibility does not rise to the level of a probability," the documents read. The parties submitted, and were granted, a articulation motion to stay the case until February. 25 while they negotiate and attempt to resolve the case.

Swoop Brief:

• Over a year after Mattress Firm and Tempur-Pedic broke ties over bad contract negotiations and sued each other presently thereafter , Tempur-Pedic is suing the mattress retailer for the second time. In a complaint filed in federal court Tuesday, Tempur-Pedic said Mattress House "is at it again" and alleged that the visitor is "conspiring" to sell mattresses visually similar to the Tempur-Pedic brand. Mattress Firm did not immediately answer to Retail Dive's request for comment. Tempur Sealy, Tempur-Pedic'southward parent visitor, said it does not comment on pending litigation.

• The 32-page lawsuit claims that products sold under Mattress House's Therapedic brand are "confusingly like" to Tempur-Pedic'due south mattresses, and also claims that the visitor is "copying the look and feel of the entire Tempur-Pedic brand and consumer feel." The filing was backed upwardly by the annunciation of Richard Anderson , the executive vice president and president of Northward America for Tempur Sealy, filed Aug. 28.

• In improver to claims that Mattress House'due south Therapedic trademark and marketing materials are similarly-designed to Tempur-Pedic, the company too filed a preliminary injunction Aug. 28 arguing that Tempur-Pedic was "suffering and will continue to suffer irreparable harm to its valuable make if defendants' willful infringement is permitted to proceed." This latter filing was later denied past the court.

Dive Insight:

The two mattress sellers accept non been on expert terms since their contract terminated in 2017, with Tempur-Pedic filing a lawsuit against the mattress seller shortly later alleging that Mattress Firm was continuing to sell its mattresses without authorization — a case that the company points out was simply resolved "after Tempur-Pedic brought arrange."

The newest lawsuit is filled with images of the Tempur-Pedic logo, side by side with that of Mattress Business firm's Therapedic logo, along with images of the blueprint of both mattresses, the display of both mattresses and accompanying marketing materials.

The aim, from Tempur-Pedic's perspective, is to prove its allegations that its Pro-Adjust mattress was essentially copied by Mattress House. The brand does not shy away from pointing to Mattress Firm'south contempo financial struggles  as a potential impetus. The lawsuit besides attributes some of the retailer's financial issues to the loss of the Tempur-Pedic brand, challenge that Mattress Firm "relied heavily on the Tempur-Pedic Make" and "normally used elements of the Tempur-Pedic Brand fifty-fifty more than heavily than its own brand."

Whether or non Mattress Firm is forced to change its Therapedic line, the move toward more innovative mattresses is not surprising, given the competitive mattress market . With an influx of startups bringing lower prices and easier aircraft methods to the category, traditional retailers like Mattress Firm accept developed their ain bed-in-a-box models and made other changes to stay relevant.

Most recently, mattress manufacturer Serta Simmons acquired Tuft & Needle , 1 of the first startups in the space, to help strengthen its market position and expand in the direct-to-consumer infinite, and Mattress House itself has a partnership with Purple to sell its mattresses in stores, which recently expanded.

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Source: https://www.retaildive.com/news/tempur-pedic-sues-mattress-firm-over-confusingly-similar-products/531324/

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