We’ve previously written about the MyPillow trademark, noting the apparently narrow scope of rights it enjoys, as a result of the coexistence with some pretty similar marks, including this one:
Earlier this year, My Pillow filed a complaint in federal district court in Minnesota, against LMP Worldwide, owner of the above federally-registered and incontestable trademark registration.
The complaint alleges breach of a 2013 settlement, federal trademark infringement and unfair competition, Minnesota deceptive trade practices, Minnesota unfair competition, and asks for damages, lost profits, and cancellation of the above-referenced federal trademark registration.
The complaint is interesting reading, and it appears the notion of any peaceful coexistence is no longer an option if Mr. Lindell has his way, especially given the allegations regarding breach of contract, actual confusion, keyword violations, and false advertising.
Pillow talk about the settlement terms will be most interesting, as only cryptic passages are public.
Suffice it to say, when you’re spending $4 Million each week on advertising the MyPillow brand, as the complaint alleges, I’m thinking it’s hard not to believe LMP isn’t enjoying an enormous windfall.