Sleep Number Trademark, False Advertising Rulings Overturned (1)

May 11, 2021, 8:58 PM; Updated: May 11, 2021, 9:41 PM

The Eighth Circuit shook up a mixed jury ruling on Sleep Number Corp.‘s trademark and false advertising claims against a competing seller of adjustable air mattresses.

Sleep Number, formerly known as Select Comfort, owns registered trademarks including “Sleep Number.” The company sued Dires LLC for using similar marks to sell lower-priced beds online and failing to dispel consumer confusion.

The trial court rejected a trademark infringement theory based on initial-interest confusion, that is, confusion that creates initial customer interest even if the customer doesn’t actually buy the competing product. Based on that ruling, the jury found no infringement.

The ...

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