By Jim Jordan
\nLexington-based Tempur-Pedic has reached an out-of-court settlement with rival mattress maker Select
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\nComfort Corp. in a lawsuit that included allegations of false advertising and unfair competition.<\/p>\n
Tempur-Pedic, maker of visco-elastic foam mattresses and related products, also accused Select Comfort, maker of the Sleep Number Bed, of trademark infringement.<\/p>\n
Both companies have denied the other’s claims and requested unspecified damages from the other.<\/p>\n
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.”<\/p>\n
Tempur-Pedic executives could not be reached for comment yesterday while Select Comfort declined to discuss the case.<\/p>\n
“It is a Select Comfort Corp. policy not to publicly comment on litigation,” said spokeswoman Gabby Nelson.<\/p>\n
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.<\/p>\n
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.<\/p>\n
Tempur-Pedic also was sued in 2012 by several groups of shareholders who accused the Lexington company of stock price manipulation.<\/p>\n
Those lawsuits were consolidated and are pending in Hood’s court under the title Grillo et al. vs. Tempur-Pedic International Inc.
\nReach Jim Jordan at (859) 231-3242 or 1-800-950-6397, Ext. 3242, or jjordan1@herald-leader.com.<\/p>\n","protected":false},"excerpt":{"rendered":"
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