PITTSBURGH — A textile company is suing Serta Inc. and Springs Global US Inc., citing alleged unfair competition.
American Textile Company Inc. filed a complaint on Oct. 18 in the U.S. District Court for the Western District of Pennsylvania against the defendants, alleging that they used plaintiff's "ALLERGEN DEFENSE" mark in the packaging of their products.
According to the complaint, the plaintiff alleges that it sustained damages to its business. The plaintiff holds Serta Inc. and Springs Global US Inc. responsible because the defendants allegedly continued to use the plaintiff's trademark despite receiving a cease and desist letter.
The plaintiff requests a trial by jury and seeks to permanently enjoin the defendant from further using plaintiff's marks, trade names, domain names or designations, an award of all profits to the plaintiff, all damages, an order to recall all products bearing the plaintiff's trademark for destruction, court costs and any further relief this court grants. They are represented by H. Jay Spiegel of H. Jay Spiegel & Associates in Mount Vernon, Virginia, and David F. Russey and Christina Manfredi McKinley of Cohen & Grigsby, P.C. in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania Case number 2:16-cv-01585-MPK