HOUSTON — A Houston-based chain of bedding stores is suing domain owners and operators, alleging trademark counterfeiting.
Mattress Firm Inc. filed a lawsuit July 29 in the Houston Division of the Southern District of Texas against John Robert Baxter of Winter Park, Florida, and Digi Craft Agency LLC, alleging violation of the Lanham Act.
According to the complaint, Mattress Firm has suffered will continue to suffer financial damages in an amount to be established at trial unless the defendants are enjoined by the court. The plaintiff alleges the defendants took various images and other content from Mattress Firm's website and placed these images and content on their own website and used a banner that is nearly identical with the Mattress Firm trademarks.
Mattress Firm seeks a trial by jury, damages and any profits of the defendants resulting from trademark infringement, attorney fees, legal costs and expenses, pre- and post-judgment interest and all relief the court deems just and equitable. It is represented by attorneys Donald D. Jackson and Mini Kapoor of Haynes and Boone LLP in Houston, and by Kenneth G. Parker, Kimberly Chase and Christopher Maciel of Haynes and Boone LLP in Costa Mesa, California.
Houston Division of the Southern District of Texas Case number 4-16-cv-2264