TAMPA — Tempur-Pedic has filed a lawsuit against Mattress Firm for allegedly duping customers by "copying the look and feel" of the luxury mattress brand.
The trademark infringement lawsuit was filed by Tempur-Pedic North America, Tempur-Pedic Management and Dan-Foam, on Aug. 28 in the U.S.Middle District Court -Tampa Division, against Ther-a-Pedic Associates, Sinomax USA and Sinomax Group Ltd.
The plaintiff has alleged that the mattress store is selling a “confusingly” similar product, Therapedic, to its signature brand, the Tempur-Pedic.
Tempur-Pedic North America has claimed that Mattress Firm’s sales tactics, marketing and the “look and feel of the entire Tempur-Pedic brand and consumer experience” was implemented to confuse customers and to benefit financially from the luxury mattress’ brand.
Although Mattress Firm’s rights to sell Tempur-Pedic products expired in 2017, the filing alleged that the mattress store “improperly” continued to sell the mattresses until Tempur-Pedic filed a trademark infringement suit. A court order in Texas ordered Mattress Firm to cease selling Tempur-Pedic products in July 2017.
“Now, barely a year later, MF is at it again,” wrote the plaintiff’s Tampa-based attorneys at Rumberger, Kirk & Caldwell, P.A.
According to the 32-page document, Mattress Firm is “conspiring” to sell a mattress “so strikingly similar to Tempur-Pedic’s products and sales environment that consumers will inevitably be confused and harmed.”
The lawsuit states that consumers will “incorrectly believe” that Mattress Firm is still an authorized seller of Tempur-Pedic and will enter the store to “spend thousands of dollars” to purchase Therapedic products in their belief that they are Tempur-Pedic products “when they are not.”
“Tempur-Pedic has spent substantial time, effort and money to ensure…that customers associate the Tempur-Pedic Marks exclusively with Tempur-Pedic,” said the lawsuit.
New Jersey-based Therapedic’s mattresses marketed and sold by Mattress Firm, according to the plaintiff, “look virtually identical” to the plaintiff’s mattress. In the suit, the plaintiffs also allege that Therapedic “could have stopped MF from infringing upon the Tempur-Pedic brand but chose not to,” as well as “profited off of MF’s infringement.”
The plaintiffs have filed a number of suits, including Federal Trademark and Trade Dress Infringement, Federal Unfair Competition, Federal Trademark Dilution on the Tempur-Pedic marks only, a violation of the Florida Deceptive and Unfair Trade Practices Act, and several other state and common law violations.
U.S. District Court Middle District of Florida Tampa Division: Case number8:18-cv-02147