Serta Challenges Oleg Cassini's Right To "Cassini" Name
By: Jake Wharton
On November 10, 2011, Serta, Inc. filed a declaratory judgment action in the United States District Court for the Northern District of Illinois seeking to clear its use of the "Cassini" moniker on its line of Perfect Day mattresses.
In the complaint, Serta alleges that it has been selling the Perfect Day line of mattresses since 2005 and that Serta currently sells 75 different models of Perfect Day mattresses, each with a different name. The Perfect Day Cassini mattress was being sold at J.C. Penny department stores. Serta also used other outer space-related names including Eclipse, Gemini, Moonscape, Onyx Moon, Orion, Pisces, Sirius, Stellar, Taurus, and Nebula. The Cassini model was alleged to have been inspired by Giovanni Domenico Cassini, a famous Italian/French astronomer who lived from 1625-1712 and the famous NASA Cassini spacecraft and solstice mission. Serta also alleges the name Cassini has been used in association with a variety of other goods, such as various food products, a lunar crater, and a web server.
Serta's complaint states that it received multiple letters from Oleg Cassini claiming the Perfect Day Cassini mattress infringed Oleg Cassini's trademark rights in the name "Cassini." Serta agreed to stop selling the mattress under the Cassini name but Oleg Cassini continued to threaten litigation. Serta then brought the declaratory judgment action claiming that its use of the Cassini name would not create a likelihood of confusion among consumers that Serta's mattresses were affiliated with or originated from Oleg Cassini.
Serta is represented by Quarles & Brady, LLP. No one has yet to enter an appearance on behalf of Oleg Cassini.
The case is Serta, Inc. v. Oleg Cassini, Inc., No. 1:11-cv-08004 (N.D. Ill.). A copy of the complaint can be found here.
In the complaint, Serta alleges that it has been selling the Perfect Day line of mattresses since 2005 and that Serta currently sells 75 different models of Perfect Day mattresses, each with a different name. The Perfect Day Cassini mattress was being sold at J.C. Penny department stores. Serta also used other outer space-related names including Eclipse, Gemini, Moonscape, Onyx Moon, Orion, Pisces, Sirius, Stellar, Taurus, and Nebula. The Cassini model was alleged to have been inspired by Giovanni Domenico Cassini, a famous Italian/French astronomer who lived from 1625-1712 and the famous NASA Cassini spacecraft and solstice mission. Serta also alleges the name Cassini has been used in association with a variety of other goods, such as various food products, a lunar crater, and a web server.
Serta's complaint states that it received multiple letters from Oleg Cassini claiming the Perfect Day Cassini mattress infringed Oleg Cassini's trademark rights in the name "Cassini." Serta agreed to stop selling the mattress under the Cassini name but Oleg Cassini continued to threaten litigation. Serta then brought the declaratory judgment action claiming that its use of the Cassini name would not create a likelihood of confusion among consumers that Serta's mattresses were affiliated with or originated from Oleg Cassini.
Serta is represented by Quarles & Brady, LLP. No one has yet to enter an appearance on behalf of Oleg Cassini.
The case is Serta, Inc. v. Oleg Cassini, Inc., No. 1:11-cv-08004 (N.D. Ill.). A copy of the complaint can be found here.
5 Comments:
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Have been in the mattress business (retail) for over 40 years. I have never know a mattress name to influence the sale of the product. In today's market the name of the mattress is almost irrelevant. The same mattress is identified under as many as 19 different name to make it somewhat difficult to compare competing stores products and price points. All major manufactures - Serta, Sealy,, Simmons, Stearns & Foster etc.
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