DAN-FOAM A/S AND TEMPUR-PEDIC, INC., Plaintiffs, - against - BRAND NAMED BEDS, LLC D/B/A BRANDNAMEBEDS4LESS, Defendant., 500 F. Supp. 2d 296

Summary

At issue was whether plaintiffs' non-transferable 20-year product warranty to original purchasers was available to consumers who bought plaintiffs' products from defendant, an unauthorized dealer who resold them on the Internet, and what effect the availability of such a warranty had on plaintiffs' claims for trademark infringement and dilution. Plaintiffs alleged that either no warranty attached or was voided because defendant improperly compressed and damaged it product to reduce shipping costs. The court found that genuine fact issues remained. A reasonable jury could find trademark infringement based on material differences between plaintiffs' products and those resold by defendant. Under a Polaroid factors analysis, defendant's display of plaintiffs' logos on defendant's web site arguably caused a likelihood of consumer confusion. Defendant's product was inferior if the warranty were voided by unapproved shipping and installation. A reasonable jury could find actual or likely ...