No Sleep In Brooklyn

On February 11, 2009 SINT, LLC filed suit in the United States District Court for the Eastern District of New York (Brooklyn) (09-0575) against Sleepy's Furniture & Mattress Corp., I Am Sleepy Too Corp., New Linen N Things II Corp., and John Does 1-10 alleging that defendants are using the mark "SLEEPY'S" in a manner likely to cause confusion with SINT's trademarks. SINT is the IP holding company for Sleepy's, a well-known mattress and bedding store with locations in 11 states. SINT claims ownership of SLEEPY'S and various other marks using the term SLEEPY'S in connection with mattresses and other bedding items. Defendants apparently operate a mattress and bedding store just down the block from a Sleepy's store where defendants have prominently used the name "Sleepy's." Along with its complaint, SINT sought a temporary restraining order. On February 13, 2009, the court held a hearing on SINT's motion for a TRO. Defendants failed to appear and thus the court granted SINT's motion for a TRO.