Tags
Andrew P. Rodovich, Federal False Advertising, Federal Trademark Dilution, Federal Trademark Infringement, Federal Unfair Competition, Philip P. Simon
A furniture store in Valparaiso, Indiana is accused of the unauthorized use of the Tempur-PedicĀ® trademark. The store had been an authorized dealer of Tempur-Pedic products until February 2, 2023, when the dealer relationship was terminated by Tempur Sealy. Upon termination of the relationship, the store was to cease all use of Tempur Sealy’s trademarks.
Despite multiple warnings by Tempur Sealy, the Complaint (below) details continued use by the furniture store, at least through August 27, 2023, of the Tempur-Pedic trademark on point-of-sale materials in the store, on exterior windows, and on the store’s website.
The Valparaiso store is alleged to have continued use of the Tempur-Pedic trademark “to attract customers for the purpose of selling non-authorized and competing products in a manner that falsely suggests and implies to consumers that Defendant maintains a relationship with Tempur Sealy as an authorized retailer.”
Stay tuned for updates.
Tempur Sealy International, Inc. et al. v. Luxury Mattress & Furniture, LLC
Court Case Number: 2:23-cv-00383-PPS-APR
File Date: November 9, 2023
Plaintiff: Tempur Sealy International, Inc., Tempur-Pedic Management, Inc., Tempur-Pedic North America, LLC, Tempur World, LCC, Dan-Foam APS, Sealy Technology LLC
Plaintiff Counsel: James N. Martin, Jr. of Steptoe & Johnson PLLC
Defendants: Luxury Mattress & Furniture, LLC d/b/a Luxury Mattress & Furniture
Cause: Federal Trademark Infringement, Federal Unfair Competition, Federal False Advertising, Federal Trademark Dilution
Court: Northern District of Indiana
Judge: Philip P. Simon
Referred To: Andrew P. Rodovich
Complaint: