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PENNSYLVANIA RECORD

Thursday, March 28, 2024

Select Comfort Corp. alleges individual is unlawfully using Select Comfort, Sleep Number marks

Trademark 03

SCRANTON – A Minnesota air bed manufacturer alleges that a Lewisberry man is selling mattresses when he is not an authorized retailer.

Select Comfort Corp. filed a complaint on Aug. 11 in the U.S. District Court for the Middle District of Pennsylvania against Andrei Nistor, doing business as Deelz4less, alleging trademark infringement.

According to the complaint, the plaintiff is the owner of the Sleep Number and Select Comfort trademarks. It alleges the defendant is selling Sleep Number mattresses online through deelz4less.com and through eBay and Amazon, but these mattresses are secondhand or knockoffs.

The plaintiff alleges that the defendant has never been an authorized Select Comfort retailer and is using its trademarks without authorization.

The plaintiff requests a trial by jury and seeks enjoin the defendant, damages, damages equal to three times the amount, interest, court costs and any further relief the court grants. They are represented by J. Benjamin Nevius of Fox Rothschild LLP in Exton.

U.S. District Court for the Middle District of Pennsylvania case number 1:17-cv-01432-YK

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