USA TODAY International Edition

Tempur-Pedic accuses Mattress Firm of conspiracy

Latest salvo claims look, feel of products similar

- Nathan Bomey

Tempur-Pedic has filed a lawsuit against Mattress Firm, accusing the retailer of “conspiring” to sell products that bear a strong resemblanc­e to its mattresses.

The allegation marks an escalation of a bitter feud between the two companies after Mattress Firm last year ended its contract to sell Tempur-Sealy Internatio­nal mattresses in its more than 3,300 U.S. stores.

Mattress Firm, the nation’s largest mattress retailer, is reeling from declining sales, overexpans­ion and a financial scandal at its parent company, Steinhoff Internatio­nal.

Tempur-Sealy’s North American division said in court papers that Mattress Firm has been selling a product marketed as “Therapedic,” “copying the look and feel of the entire TempurPedi­c brand and consumer experience.”

“MF’s products, and the environmen­t in which MF is selling them, are so strikingly similar to Tempur-Pedic’s products and sales environmen­t that consumers will inevitably be confused and harmed,” Tempur-Pedic North America lawyers said Tuesday in the lawsuit. “Consumers will incorrectl­y believe that MF is still an authorized seller of Tempur-Pedic products when it is not.”

Tempur-Sealy, which has faced declining sales since losing the Mattress Firm deal, demanded that the U.S. District Court Middle District of Florida take action to block its rival from selling the Therapedic products.

After the Tempur-Sealy contract cancellati­on last year, Mattress Firm signed a deal to get mattresses from Tempur-Sealy rival Serta Simmons.

Mattress Firm has closed hundreds of stores over the last year and is said to be considerin­g bankruptcy, according to Reuters. Among other issues, the company is grappling with the fallout from an intense competitio­n with online bed-in-a-box rivals and the consequenc­es of heavy discountin­g.

 ?? SCOTT OLSON/GETTY IMAGES ?? Mattress Firm has closed hundreds of stores and is said to be considerin­g bankruptcy.
SCOTT OLSON/GETTY IMAGES Mattress Firm has closed hundreds of stores and is said to be considerin­g bankruptcy.

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