ST. LOUIS — Mattress and pillow protectors manufacturer is suing a furniture company, citing alleged trademark infringement and unfair competition.
Fabrictech 2000 LLC filed a complaint on June 20 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Fredman Bros Furniture Co. Inc., doing business as Glideaway Bed Carriage MFG. Co., alleging that the defendant violated the Trademark Act of 1946, also known as the Lanham Act.
According to the complaint, the plaintiff alleges that on Jan. 24, 2016, Fabrictech 2000 began using the mark "SUB-0" in connection with its pillow products. The plaintiff claims the defendant is selling mattress protectors under the mark, which is confusingly similar imitation of its registered mark.
The plaintiff holds the defendant responsible because it allegedly intended and with the purpose of appropriating and trading upon the goodwill and reputation of Fabrictech and its registered mark, and to pass off Fredman’s products as Fabrictech’s products, or as having been sponsored or approved by Fabrictech.
The plaintiff requests a trial by jury and seeks award of all damages sustained, including the profits derived from its sale of the mattress protectors, plus pre- and post-judgment interest, and grant other and further relief as the court shall deem equitable and just. They are represented by Keith A. Rabenberg of Senniger Powers LLP in St. Louis.
U.S. District Court for the Eastern District of Missouri Eastern Division Case number 4:17-cv-01761