Sleepy's Awoken By Trademark Infringer

On January 8, 2010, mega-mattress retailer Sleepy's filed a trademark infringement action against Mattress & Furniture Outlet Inc. in the United States District Court for the District of New Jersey (Case No. 2:10-cv-00108-FSH-PS). In its complaint, Sleepy's alleges that the Jersey City based defendant is offering mattresses, bedding, and furniture under the marks or names "SLEEPYZ," SLEEPYZ MATTRESS & FURNITURE OUTLET" and "SLEEPY'Z" as well as operating a website at http://www.sleepyzonline.com/. A visit to the website on January 23, 2010 indicates that defendant has already stopped use of the website. Sleepy's complaint alleges trademark infringement under 15 U.S.C. 1114, false designation of origin under (15 U.S.C. 1125(a), trademark dilution under 15 U.S.C. 1125(c), common law trademark infringement and unfair competition, dilution under New Jersey Stat. Ann. 56:3-13.20, and unfair competition under New Jersey Stat. Ann. 56:4-1.