By Jim Jordan
Lexington-based Tempur-Pedic has reached an out-of-court settlement with rival mattress maker Select


Comfort Corp. in a lawsuit that included allegations of false advertising and unfair competition.

Tempur-Pedic, maker of visco-elastic foam mattresses and related products, also accused Select Comfort, maker of the Sleep Number Bed, of trademark infringement.

Both companies have denied the other’s claims and requested unspecified damages from the other.

In a one paragraph order filed in U.S. District Court in Lexington, Chief Judge Joseph M. Hood said the parties had reached agreement and the case was “dismissed without prejudice.”

Tempur-Pedic executives could not be reached for comment yesterday while Select Comfort declined to discuss the case.

“It is a Select Comfort Corp. policy not to publicly comment on litigation,” said spokeswoman Gabby Nelson.

Tempur-Pedic and Select Comfort compete at the top of the market where mattress prices can range from a few hundred dollars to $4,000 or more.

The legal dispute, which began in late 2012 and was scheduled for trial in September, was considered significant for the bedding industry because it involved two fast-growing companies that had revamped a traditional product and created an upscale market for new mattresses.

Tempur-Pedic also was sued in 2012 by several groups of shareholders who accused the Lexington company of stock price manipulation.

Those lawsuits were consolidated and are pending in Hood’s court under the title Grillo et al. vs. Tempur-Pedic International Inc.
Reach Jim Jordan at (859) 231-3242 or 1-800-950-6397, Ext. 3242, or jjordan1@herald-leader.com.