Berens & Miller Win Trademark and Unfair Competition Trial Against Select Comfort Corp.

On October 18, 2017, a twelve-person Minnesota federal jury found in favor of Berens & Miller’s client, John Baxter, concluding that Plaintiff Select Comfort failed to prove its trademark infringement, unfair competition, trademark dilution, and multiple false advertising claims against him and several other co-defendants (the latter of whom were represented by Minneapolis firm Madel PA). The jury also found in favor of the Defendants on their counterclaim that Select Comfort had no trademark rights in the phrase “number bed. “Select Comfort brought the claims against the Defendants, competitors of the Sleep Number bed, in November 2012. Select Comfort, a $1.3 billion dollar company, sought over $17 million in damages from the Defendants. Following a three-week trial, the jury found the Defendants made some false advertising statements and awarded Select Comfort nominal damages in the amount of $155,721.

Select Comfort has brought numerous law suits asserting trademark and other similar claims against its competitors, most of which have settled out of court. This is believed to be the first time that Select Comfort has presented evidence to a jury of its trademark infringement and other claims, and in this instance, the jury rejected most of Select Comfort’s claims.

Berens & Miller, P.A., is a women-owned law firm based in Minneapolis, Minnesota. The trial team was led by managing partner Barbara Berens and included attorneys Carrie Zochert, Erin Lisle, and John Bessler.