Bloomberg Law
April 2, 2019, 6:00 PMUpdated: April 2, 2019, 9:17 PM

Ads, Packaging Prompt Intellectual Property Pillow Fight (1)

Ian Lopez
Ian Lopez
Senior Reporter

My Pillow Inc. says a rival company ripped off its trademark, copyright and trade dress though advertising and packaging for a competing pillow.

Ontel Products Corporation infringed My Pillow’s copyright and trade dress with its packaging and marketing of its Miracle Pillow, My Pillow alleged in an April 1 lawsuit in the U.S. District Court for the District of Minnesota. Advertisements calling the Miracle Pillow “The Most Comfortable Pillow...Ever” also infringed My Pillow’s trademarked phrase of “Guaranteed the Most Comfortable Pillow You’ll Ever Own,” My Pillow alleged.

My Pillow claimed its trade dress has acquired distinctiveness, meaning consumers have come ...