Purple Innovation v. Layla Sleep - Complaint

Case 2:18-cv-00526-DBP Document 3 Filed 07/02/18 Page 1 of 19
H. Dickson Burton (4004)

HDBurton@traskbritt.com
Krista Weber Powell (8019)
kwpowell@traskbritt.com
Bailey M. Ziegler (15780)
bmziegler@traskbritt.com
TRASKBRITT, PC
230 South 500 East # 300
Salt Lake City, Utah 84102
Telephone: (801) 532-1922
Facsimile: (801) 531-9168
Attorneys for Plaintiff, Purple Innovation, LLC
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
PURPLE INNOVATION, LLC a Delaware

corporation, COMPLAINT FOR TRADE DRESS
AND DESIGN PATENT
Plaintiff, INFRINGMENT
v. Case No.: 2:18-CV-00526-DBP
LAYLA SLEEP, INC., a Delaware Magistrate Judge Dustin B. Pead

corporation,
Defendant. JURY DEMAND
Plaintiff Purple Innovation, LLC (“Purple”) hereby complains and alleges against
Defendant Layla Sleep, Inc. (“Layla” or “Defendant”) as follows:
PARTIES
1. Plaintiff Purple is a Delaware limited liability company with a principal place of
business at 123 East 200 North Alpine, Utah 84004.

2. Upon information and belief, Defendant Layla is a Delaware limited liability
company with a principal place of business at 842 Boggs Ave, Suite K, Fremont, California
94539.
NATURE OF THE ACTION
3. This is an action for trade dress infringement, false designation of origin and
unfair competition arising under the laws of the United States, 15 U.S.C. § 1051 et seq.,
including 15 U.S.C. § 1114 and § 1125(a), for unfair competition arising under Utah Code Ann.
§ 13-5(a)-103, and for patent infringement arising under the Patent Laws of the United States, 35
U.S.C. §§ 1 et seq., including 35 U.S.C. § 271 and/or 35 U.S.C. § 289.
4. On information and belief, Defendant has copied, infringed, and continues to
infringe the trade dress associated with Purple’s website.
5. On information and belief, Defendant has infringed and continues to infringe,
and/or actively induces others to infringe Purple’s U.S. Design Patent D799,858 (the “‘858
Patent”) (hereinafter “the Asserted Patent”).
JURISDICTION AND VENUE
6. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.
§ 1121 and 28 U.S.C. §§ 1331 and 1338.
7. Pursuant to 28 U.S.C. § 1367, this Court has supplemental jurisdiction over the
State law claims asserted because these claims are so related to claims in this action within the
Court’s original jurisdiction that they form part of the same case or controversy.
8. This Court has personal jurisdiction over Defendant Layla because, on
information and belief, Layla does and has done substantial business in this judicial District,
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including: (i) committing acts of trade dress infringement; (ii) intentionally copying Purple’s
website knowing that Purple’s business is primarily located in Utah; (iii) regularly conducting
business in this State and judicial District; (iv) directing advertising to or soliciting business from
persons residing in this State and judicial District; (v) committing acts of patent infringement;
and (vi) engaging in other persistent courses of conduct, and/or deriving substantial revenue from
infringing products and/or services provided to persons in this District and State.
9. Further, the injuries complained of occurred in this district, forming another basis
for jurisdiction.
10. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391 and 1400, including
because Purple and Layla a substantial part of the events giving rise to the claims stated herein
have occurred in this district. Venue is also proper, as necessary, under the doctrine of pendent
venue.
PURPLE’S INTELLECTUAL PROPERTY
11. Plaintiff Purple is a leading innovator and manufacturer of various high quality
cushioned products. For example, Purple designs, develops, manufactures, and markets various
high quality mattresses, seat cushions, pillows and related accessories.
12. Purple has been a leader and pioneer in the mattress-in-a-box industry and owns
the website www.purple.com (“The Purple Website”).
13. Purple heavily promotes its products on the Internet and has invested significantly
in original, memorable videos and advertisements to associate the color purple and word
“purple” with its products and website. As a result of its significant investment and marketing,
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Purple has developed a website with a trade dress that has come to be known and recognized by
consumers as originating from Purple.
14. Purple has invested substantial effort to establish a distinctive trade dress in the
look and feel of its website and to create an association between Purple and the appearance of its
website in the purchasing public’s mind in the online marketplace for mattresses. Purple has
used a unique and readily identifiable combination of trade dress features on its website
including 1) a primarily purple color scheme with aquamarine accents, purple text and icons on
white background, white text on purple background, and purple icons on grey background, 2)
horizontal banners acting as webpage demarcation blocks having purple backgrounds with white
text, 3) horizontal banners having a purple color scheme and including icons such as trial period,
free shipping and return, manufacturing location, and warranty in a single row of four icons, 4)
exploded view of a mattress with descriptive icons describing mattress features and layers, 5) a
current offer bar at top of home page, and 6) a purple logo in top left hand corner of the web
page.
15. Purple is the owner of the ‘858 Patent, which issued October 17, 2017. The ‘858
Patent is directed to a Mattress Cushion including a checkered-diamond pattern covering the top
surface and extending at least partially onto each of the side surfaces thereof. The remainder of
the mattress lacks such a pattern. The boundary between the patterned portion and the non-
patterned portion is non-linear including curved portions on the side surfaces.
16. As a result of its innovative and distinctive design, the Purple products were an
instant success and immediately became uniquely associated with Purple as its source.
4
Purple Trade Dress
17. Purple’s website is a critical aspect of its business and sales model. Purple
designed the website and mattress packaging with a primarily purple color scheme with
aquamarine accents, purple text and icons on white background, white text on purple
background, and purple icons on grey background.
18. Because Purple is an innovative technology company, Purple’s business relies on
its revolutionary and patented technology. Thus, the Purple Website shows exploded views of a
mattress with descriptive icons describing mattress features and layers which forms part of
Purple’s Trade Dress.
19. Each of the elements of the configuration of the Purple Website is distinctive and
serves to identify Purple as the source of the Purple’s products. Moreover, none of these
elements is functional.
Trade Dress at Issue
20. The following non-functional design elements of the Purple Website comprise the
trade dress at issue in this case (hereinafter, “the Purple Trade Dress”):
a. A primarily purple color scheme with aquamarine accents, purple text and
icons on white background, white text on purple background, and purple
icons on grey background;
b. Horizontal banners acting as webpage demarcation blocks having purple
backgrounds with white text;
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c. Horizontal banners having a purple color scheme and including icons such
as trial period, free shipping and return, manufacturing location, and
warranty in a single row of four icons;
d. Exploded view of a mattress with descriptive icons describing mattress
features and layers;
e. A current offer bar at top of home page; and
f. A purple logo in top left hand corner of the web page.
21. Purple has made significant investments of time and money to build, advertise,
promote, and otherwise cultivate the appeal of and the goodwill in the Purple Trade Dress.
22. Since the time Purple Products were introduced into the market, the sales of the
Purple products, such as mattresses, have soared. Over time, sales of Purple products from the
Purple Website has steadily increased. Accordingly, Purple’s Trade Dress has increased Purple’s
share of the mattress-in-a-box industry market and the Purple Trade Dress has acquired strong
secondary meaning.
23. The Purple Trade Dress identifies Purple’s products as those of Purple exclusively
and distinguish the Purple products from those of its competitors. The distinctive Purple Trade
Dress is widely well-known to customers and symbolizes the goodwill that Purple has created by
offering these products to consumers.
Purple’s Trademarks
24. For about three years, Purple has been active in, and remains active in, the
business of production and sales of cushioned products such as mattresses, cushions, pillows and
related accessories.
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25. For about three years, Purple has continuously used the color “purple” and the
word “purple” as a trademark in commerce on cushioned products including mattresses, seat
cushions and pillows.
Purple’s Patent Rights
26. Purple has protected its innovative designs and innovations through a broad range
of intellectual property rights. Among those rights, is the ‘858 Patent. The ‘858 Patent issued on
October 17, 2017 and is titled “Mattress Cushion.” The ‘858 Patent remains valid. Purple is the
owner by assignment of the ‘858 Patent. A copy of the ‘858 Patent is appended hereto as Exhibit
A.
27. The ‘858 Patent is directed to an ornamental design for a mattress cushion
including a checkered-diamond pattern covering the top surface and extending at least partially
onto each of the side surfaces thereof.
DEFENDANT’S INFRINGEMENT
28. Layla has sold in the United States, at least the Layla Mattress (available on the
Internet at https://laylasleep.com/product/layla-mattress, (referred to hereinafter as “the
Infringing Products”), which infringes one or more of Purple’s intellectual property rights.
29. On information and belief, Defendant Layla operates and maintains a website at
www.laylasleep.com (hereinafter “Layla’s Website”), where Layla’s products, including at least
the Infringing Products, are marketed and sold to at least U.S. consumers via Layla’s Website.
Infringement of Purple’s Trade Dress
30. On information and belief, Defendant Layla launched a website in approximately
July 2015 and, at that time, the website had a blue theme.
7
31. In mid-2015, Purple began promoting its cushioned products online through
social media strongly associating the color purple. Purple also launched a successful kickstarter
campaign in September 2015 which associated its mattresses with the color purple and word
mark.
32. Purple’s first mattress video went viral with receiving over 70 million views.
Within the first year of business, Purple’s workforce grew by ten-fold. In the first ten months,
Purple’s videos, have had 150,000,000 total views across Facebook and YouTube. Purple’s first
kickstarter campaign raised nearly $175,000. The second kickstarter campaign exceeded two
million dollars.
33. In 2018, Purple became aware that Layla’s Website was confusingly similar to the
Purple Website.
34. For example, on Purple’s Website, the Purple logo is in the top, left hand corner
of the site, a current offer banner is at the top of page and the page includes a purple and white
color scheme with aquamarine accents. Layla’s Website includes substantially similar, if not
identical elements.
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35. The Purple Website features an exploded view of its mattress which graphic was
duplicated on the Layla Website.
36. Defendant is infringing Purple’s Trade Dress and has copied the Purple Website
in order to confuse consumers, trade on Purple’s goodwill and to gain the business at the expense
of Purple.
37. Defendant’s conduct and the resulting consumer confusion has resulted in loss of
sales and damage to Purple’s goodwill and reputation.
9
38. On information and belief, Defendant Layla knows, should know, or is willfully
blind to the fact that the Infringing Products infringe Purple’s Trade Dress.
Infringement of the ‘858 Patent
39. In addition to its Trade Dress, Purple has sought protection for its innovations,
which has resulted in numerous issued patents, including the Asserted Patent.
40. On information and belief, Defendant manufactures and sells at least the Layla
Mattress that includes a checkered-diamond pattern covering the top surface of the mattress and
extending onto the side surfaces of the mattress. An image of the Layla Mattress illustrated in
Layla’s website is reproduced below:
True and correct copies of pages from Layla’s Website are contained in Exhibit B, attached
hereto.
10
41. On information and belief, Defendant Layla knows, should know, or is willfully
blind to the fact that the Infringing Products infringe the claims of the Asserted Patent.
COUNT ONE
(Trade Dress Infringement, False Designation of Origin – Lanham Act Section 43(a); 15
U.S.C. § 1125(a))
42. Plaintiff realleges and incorporates by reference the above paragraphs of this
Complaint, inclusive, as though fully set forth herein.
43. Purple is the owner of all right and title to the distinctive Purple Trade Dress. The
Purple Trade Dress, as embodied in the website, has acquired secondary meaning, and is not
functional.
44. The Purple Trade Dress has acquired distinctiveness and enjoys secondary
meaning among consumers, identifying Purple as the source of these Purple Products through
Purple’s extensive and consistent advertising and marketing efforts, promotion and sales
throughout the United States.
45. Purple’s extensive promotion of the distinctive Purple Trade Dress has resulted in
Purple’s acquisition of valuable, legally protected rights in the Purple Trade Dress as well as
considerable consumer goodwill.
46. Purple’s Trade Dress has acquired secondary meaning as a result of Purple’s
extensive use, advertising, and sales across the United States, including on the Internet long prior
to Defendant’s use.
47. The Trade Dress of the Purple Website serves a source-identifying role.
48. The Trade Dress of the Purple Website is non-functional.
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49. The Layla Website has misappropriated the Purple Trade Dress by mimicking a
combination of several elements of the Purple Trade Dress.
50. Defendant’s unauthorized use of confusingly similar imitations of the Purple
Website is likely to cause confusion, deception, and mistake by creating the false and misleading
impression that Defendant’s commercial activities, including its promotional activities and
advertisements accessible through Defendant’s stores, website, and other media content, are
associated or connected with Purple, or have the sponsorship, endorsement, or approval of
Purple.
51. Layla’s manufacture and distribution of the mattresses from the Layla Website
with pages features that mimic a combination of several elements of the Purple Trade Dress
enables Layla to benefit unfairly from Purple’s reputation and success, thereby giving Layla
sales and commercial value they would not have otherwise.
52. Defendant’s activities and infringing products violate 15 U.S.C. § 1125(a), and
unless enjoined by this Court, Defendant’s activities have caused or will cause a likelihood of
confusion and deception to members of the trade and public and, additionally, injury to Purple’s
goodwill and reputations as symbolized by Purple’s Trade Dress, for which Purple has no
adequate remedy at law.
53. Defendant’s actions demonstrate an intentional, willful, and malicious intent to
infringe Purple’s Trade Dress, to the great and irreparable injury of Purple.
54. Upon information and belief, Defendant knew of Purple’s Trade Dress when it
designed the Infringing Products. Accordingly, Defendant’s infringement has been, and
continues to be, intentional, willful, and without regard to Purple’s Trade Dress.
12
55. Defendant’s conduct is likely to cause substantial injury to the public and to
Purple. Defendant’s conduct will continue to damage Purple’s business, causing irreparable
harm, for which there is no adequate remedy at law, unless it is preliminarily and permanently
enjoined by this Court. Accordingly, pursuant to 15 U.S.C. §§ 1116, 1117, and 1125(a), Purple
is entitled to injunctive relief, costs, damages, and Defendant’s profits. In light of the egregious
and exceptional nature of Defendant’s conduct, Purple is further entitled to reasonable attorneys’
fees, trebling of any damages awards, and enhancement of any award of Defendant’s profits.
COUNT TWO
(Common Law Trade Dress Infringement)
57. Purple has prior rights in Purple’s Trade Dress based, at least on its prior and
continuous use of the Purple Trade Dress throughout the United States.
58. Purple used the Purple Trade Dress long before Defendant’s first use of the
confusingly similar Layla Website.
59. Layla’s use of Purple’s Trade Dress enables Layla to benefit unfairly from
Purple’s reputation and success, thereby giving Layla’s Infringing Products sales and
commercial value that would not have otherwise.
60. Upon information and believe, prior to Layla’s first use of the infringing trade
dress, Layla was aware of Purple’s business and the Purple Trade Dress.
61. Layla’s unauthorized use of the Purple Trade Dress is likely, if not certain, to
device or cause confusion or mistake among consumers as to the origin, sponsorship, or approval
13
of the products sold son the Layla Website and/or cause confusion or mistake as to any
affiliation, connection, or association between Purple and Layla.
62. Purple is informed and believes, and on that basis alleges, that Layla’s
infringement of the Purple Trade Dress has been and continues to be intentional, willful, and
without regard to Purple’s rights.
63. Purple is informed and believes, and on that basis alleges, that Layla has gained
profits by virtues of its infringement of the Purple Trade Dress.
64. Purple will suffer and is suffering irreparable harm from Layla’s infringement of
the Purple Trade Dress insofar as Purple’s goodwill is being eroded by Layla’s continuing
infringement. Purple has no adequate remedy at law to compensate it for the loss of business
reputation, customers, market position, confusion of potential customers, and goodwill flowing
from the Layla’s infringing activities. Purple is entitled to an injunction against Layla’s
continuing infringement of Purple’s Trade Dress. Unless enjoined, Layla will continue its
infringing conduct.
COUNT THREE
(Unfair Competition)
66. Purple is the owner of valuable trade dress rights, including the Purple Trade
Dress.
67. Purple is informed and believes that Defendant has engaged in unlawful, unfair,
and/or fraudulent activities, namely unlawful infringement of the Purple Trade Dress.
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68. Defendant’s infringement of Purple’s Trade Dress has resulted in the material
diminution in the value of Purple’s Trade Dress.
69. Pursuant to Utah Code Ann. § 13-5(a)-103, Purple is entitled to actual damages,
its costs and attorneys’ fees, and punitive damages.
70. Purple will suffer and is suffering irreparable harm from Layla’s conduct insofar
as Purple’s goodwill is being eroded by Layla’s continuing infringement. Purple has no
adequate remedy at law to compensate it for the loss of business reputation, customers, market
position, confusion of potential customers, and goodwill flowing from the Layla’s infringing
activities. Purple is entitled to an injunction against Layla’s continuing infringement of Purple’s
Trade Dress. Unless enjoined, Layla will continue its infringing conduct.
COUNT SIX
(Infringement Of The ‘858 Patent– 35 U.S.C. §§ 271 et seq.)
72. On information and belief, Defendant has had actual notice of the ‘858 Patent
and/or constructive notice of the ‘858 Patent pursuant to 35 U.S.C. § 287.
73. On information and belief, Defendant has infringed and continues to infringe the
claim of the ‘858 Patent by developing, making, using, offering to sell, selling, and/or importing,
in this District and elsewhere in the United States, infringing mattresses, such as the Layla
Mattress.
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74. Defendant’s actions constitute infringement, either literal or under the doctrine of
equivalents, and/or active inducement of at least the claim of the ‘858 Patent in violation of
35 U.S.C. § 271.
75. For example, at least the Layla Mattress includes a checkered-diamond pattern
covering the top surface and extending at least partially onto each of the side surfaces thereof, as
claimed in the ‘858 Patent and as illustrated in, for example, FIG. 1 through FIG. 6 of the ‘858
Patent. The design of the Layla Mattress is such that, in the eye of the ordinary observer, the
Lalya Mattress is substantially the same as the claim of the ‘858 Patent. A true and correct copy
of the ‘858 Patent is appended hereto as Exhibit A.
76. Purple has sustained damages and will continue to sustain damages as a result of
Defendant’s aforesaid acts of infringement.
77. Purple is entitled to recover damages sustained as a result of Defendant’s
wrongful acts in an amount to be proven at trial.
78. Defendant’s infringement of Purple’s rights under the claim of the ‘858 Patent
will continue to damage Purple’s business, causing irreparable harm, for which there is no
adequate remedy at law, unless it is preliminarily and permanently enjoined by this Court.
79. Upon information and belief, Defendant has willfully infringed the claim of the
‘858 Patent, entitling Purple to increased damages under 35 U.S.C. § 284 and to attorneys’ fees
and costs incurred in prosecuting this action under 35 U.S.C. § 285.
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff Purple asks this Court to enter judgment in its favor and against
Defendant under at least 15 U.S.C. § 1114 and § 1125(a), the common law, and/or under 35
U.S.C. § 281, and grant the following relief:
A. An adjudication that Defendant has committed acts of unfair competition and
false designation of origin in violation of 15 U.S.C. § 1125(a), common law trade dress
infringement, under 15 U.S.C. § 1114, and/or acts of unfair competition under Utah common law
and Utah Code Ann. § 13-5(a)-103;
B. For judgment that Defendant has infringed Purple’s Trade Dress in violation of
the Lanham Act and the common law;
C. For judgment that Defendant has infringed Purple’s Registered Trademark in
violation of 15 U.S.C. § 1114;
D. An adjudication that Defendant’s acts of trade dress infringement are willful;
E. Orders of this Court preliminarily and permanently enjoining Defendant, its
agents, servants, and any and all parties acting in concert with Defendant, from use of any trade
dress, or to identify Defendant or its goods and services that is confusingly similar to any of
Purple’s trade dress;
F. An accounting of Defendant’s profits and an assessment of Purple’s damages to
compensate Purple for Defendant’s infringement of Purple’s Trade Dress;
G. An award of the amount by which Defendant has been unjustly enriched by
confused consumers who have purchased Defendant’s products and services under the belief that
they were purchasing Purple’s products and services;
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H. An assessment of treble damages against Defendant due to the deliberate, willful,
and knowing nature of its infringement of the Purple Trade Dress under 15 U.S.C. § 1117(b).
I. An award to Purple of its reasonable attorneys’ fees under 15 U.S.C. § 1117(b)
and Utah Code Ann. § 13-5(a)-103.
J. An award of punitive damages under Utah common law and Utah Code Ann.
§ 13-5(a)-103.
K. A permanent injunction requiring Defendant, its agents, servants, and any and all
parties acting in concert with Defendant, from directly or indirectly infringing in any manner
Purple’s Trade Dress and from unfair competition, including by ceasing all sales and offers for
sale of the infringing goods.
L. An award to Purple of its costs in this action plus interest on all monetary
damages awarded.
M. An adjudication that Defendant has infringed and continues to directly and
indirectly infringe the Asserted Patent;
N. An adjudication that Defendant’s acts of patent infringement are willful;
O. Orders of this Court preliminarily and permanently enjoining Defendant, its
agents, servants, and any and all parties acting in concert with Defendant, from directly or
indirectly infringing in any manner any of the claims of the Asserted Patent pursuant to at least
35 U.S.C. § 283;
P. An award of damages adequate to compensate Purple for Defendant’s
infringement of the Asserted Patent in an amount to be proven at trial;
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Q. A finding that this is an exceptional case and an award of Plaintiff’s costs and
attorney fees;
R. A trebling of the damage award to Plaintiff;
S. An assessment and award of pre- and post-judgment interest on all damages
awarded; and
T. Any further relief that this Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury as to all claims and all issues properly triable
thereby.
Dated: July 2, 2018 TRASKBRITT, P.C.
By: _/s/ H. Dickson Burton______

H. Dickson Burton
Krista Weber Powell
Bailey M. Ziegler
230 South 500 East # 300
Salt Lake City, Utah 84102
Telephone: (801) 532-1922
Facsimile: (801) 531-9168
Attorneys for Plaintiff,

Purple Innovation, LLC
19
Case 2:18-cv-00526-DBP Document 3-1 Filed 07/02/18 Page 1 of 8
EXHIBIT A
US00D799858S
US00D799858S
(ΐ2) United States Design Patent αο) Patent no.: US D799,858 S

Pearce et al. (45) Date of Patent: ** Oct. 17,2017
(54) MATTRESS CUSHION 3,563,837 A * 2/1971 Smith et al................ Α63Β 6/00

112/420
(71) Applicant: Purple Innovation, LLC, Alpine, UT 4,422,194 A* 12/1983 Viesturs et al......... A47C 27/085
(US) 5/654
1)308,153 S* 6/1990 Elrod ............................... D6/596
D316,202 S* 4/1991 Farley .............................. D6/596
(72) Inventors: Tony Μ. Pearce, Alpine, UT (US); 5,259,079 A* 11/1993 Visser ................... A47C 27/001
Andrea Ν. Pearce, Alpine, UT (US); 5/685
Daniel Harmon, Springville, UT (US); 1)356.91“ S* 4/1995 Marshburn ........................ D5/52
Brett Crockett,South Jordan, UT (US) 1)365.956 S* 1/1996 Bonaddio ........................... 5/736
D370,127 S* 5/1996 Bonaddio .......................... D5/53
5,960,496 A* 10/1999 Boyd ..................... A47C 27/144
(73) Assignee: Purple Innovation, LLC, Alpine, UT 5/722
(US)
(Continued)
(**) Term: 15 Years Primary Examiner — Mary Ann Calabrese
Assistant Examiner — Jennifer L Rempfer
(21) Appl. No.: 29/557,601 (74) Attorney, Agent, or Firm — TraskBritt
(22) Filed: Mar. 10, 2016
(57) CLAIM
(51) LOC (10) Cl....................................................... 06-09
The ornamental design for a mattress cushion, as shown and
(52) U.S. Cl.
described.
USPC .......................................................... D6/605
(58) Lield of Classification Search DESCRIPTION
USPC .................D6/582-583, 587-592, 595-609,
D6/617-622; D21/803-809; D24/183 FIG. 1 is a perspective view of a mattress cushion, showing
CPC ............... A47G 9/00; A47G 2009/001; A47G our new design;
2009/002; A47G 2009/003; A47G FIG. 2 is a front side view of the mattress cushion shown in
2009/005; A47G 2009/006; A47G 9/02; FIG. 1;
A47G 9/0207; A47G 9/0215; A47G FIG. 3 is a back side view of the mattress cushion shown in
9/0223; A47G 9/023; A47G 9/0238; FIG. 1;
A47G 9/0246; A47G 9/0253; A47G FIG. 4 is a right side view of the mattress cushion shown in
9/0261; A47G 9/06; A47G 9/062; A47G FIG. 1;
9/066; A47G 9/068; A47G 9/08; A47G FIG. 5 is a left side view of the mattress cushion shown in
2009/0276; A47G 9/0284; A47G 9/0292; FIG. 1;
A47G 9/04; A47G 9/10 FIG. 6 is a top view of the mattress cushion shown in FIG.
See application file for complete search history. 1; and,
FIG. 7 is a bottom view of the mattress cushion shown in
(56) References Cited FIG. 1.
U.S. PATENT DOCUMENTS The broken lines shown in the drawings represent portions
of the mattress cushion that form no part of the claimed
2,785,739 A * 3/1957 McGregor, Jr........ A47C 27/146 design.
15/244.3
D218,389 S * 8/1970 Basner et al..................... D6/605 1 Claim, 5 Drawing Sheets
US ϋ799,858 S
Page 2
(56) References Cited
U.S. PATENT DOCUMENTS

1)431.100 S *
9/2000 Denney ............................ D32/40
I )468.951 S *
1/2003 Harris .............................. D6/596
D486,027 S *
2/2004 Baxter ............................. D6/596
D518,672 S *
4/2006 Contreras ........................ D6/596
D519,311 S *
4/2006 Contreras ........................ D6/596
D667,671 S *
9/2012 Rinehart .......................... D6/605
D670,950 S11/2012 Price ............................... D6/605
DO".'. 180 S *
12/2012 Stoddard ............................. D5/53
D707,061 S *
6/2014 Tjoflat .............................. D6/605
D710,116 S *
8/2014 Blackford .......................... D5/58
D731,820 S *
6/2015 Lechantre ........................ D6/605
D775,864 S *
1/2017 Bertoncello ..................... D6/605
D776,960 S *
1/2017 Suzuki .............................. D6/605
2005/0091750 Α1 *5/2005 Radice ................. A47C 27/144
5/655.9
2007/0261173 Α1 * 11/2007 Schlussel ............ A47C 31/006
5/725
2007/0277323 Α1 * 12/2007 Bain .................... A47C 27/006
5/699
2011/0094039 Α1 * 4/2011 Tervo ................... A47C 27/056
5/691
* cited by examiner
U.S. Patent Oct. 17, 2017 Sheet 1 of 5 US D799,858 S
FIG. 1
U.S. Patent Oct. 17,2017 Sheet 2 of 5 US D799,858 S
FIG. 2
FIG. 3
FIG. 5
FIG. 6
FIG. 7
EXHIBIT B
5/17/2018 Layla Sleep®Document
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Purple Innovation v. Layla Sleep - Complaint

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Purple Innovation v. Layla Sleep - Complaint

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Case 2:18-cv-00526-DBP Document 3 Filed 07/02/18 Page 1 of 19

H. Dickson Burton (4004)

Attorneys for Plaintiff, Purple Innovation, LLC

IN THE UNITED STATES DISTRICT COURT

PURPLE INNOVATION, LLC a Delaware

v. Case No.: 2:18-CV-00526-DBP

LAYLA SLEEP, INC., a Delaware Magistrate Judge Dustin B. Pead

Defendant. JURY DEMAND

Defendant Layla Sleep, Inc. (“Layla” or “Defendant”) as follows:

1. Plaintiff Purple is a Delaware limited liability company with a principal place of

business at 123 East 200 North Alpine, Utah 84004.

2. Upon information and belief, Defendant Layla is a Delaware limited liability

NATURE OF THE ACTION

U.S.C. §§ 1 et seq., including 35 U.S.C. § 271 and/or 35 U.S.C. § 289.

4. On information and belief, Defendant has copied, infringed, and continues to

infringe the trade dress associated with Purple’s website.

5. On information and belief, Defendant has infringed and continues to infringe,

Patent”) (hereinafter “the Asserted Patent”).

JURISDICTION AND VENUE

§ 1121 and 28 U.S.C. §§ 1331 and 1338.

8. This Court has personal jurisdiction over Defendant Layla because, on

PURPLE’S INTELLECTUAL PROPERTY

high quality mattresses, seat cushions, pillows and related accessories.

the website www.purple.com (“The Purple Website”).

consumers as originating from Purple.

patterned portion is non-linear including curved portions on the side surfaces.

Purple Trade Dress

background, and purple icons on grey background.

18. Because Purple is an innovative technology company, Purple’s business relies on

Purple’s Trade Dress.

Trade Dress at Issue

icons on white background, white text on purple background, and purple

icons on grey background;

b. Horizontal banners acting as webpage demarcation blocks having purple

backgrounds with white text;

as trial period, free shipping and return, manufacturing location, and

warranty in a single row of four icons;

d. Exploded view of a mattress with descriptive icons describing mattress

features and layers;

e. A current offer bar at top of home page; and

f. A purple logo in top left hand corner of the web page.

offering these products to consumers.

word “purple” as a trademark in commerce on cushioned products including mattresses, seat

cushions and pillows.

Purple’s Patent Rights

onto each of the side surfaces thereof.

Internet at https://laylasleep.com/product/layla-mattress, (referred to hereinafter as “the

www.laylasleep.com (hereinafter “Layla’s Website”), where Layla’s products, including at least

Infringement of Purple’s Trade Dress

30. On information and belief, Defendant Layla launched a website in approximately

duplicated on the Layla Website.

sales and damage to Purple’s goodwill and reputation.

Infringement of the ‘858 Patent

Layla’s website is reproduced below:

Complaint, inclusive, as though fully set forth herein.

throughout the United States.

considerable consumer goodwill.

48. The Trade Dress of the Purple Website is non-functional.

combination of several elements of the Purple Trade Dress.

50. Defendant’s unauthorized use of confusingly similar imitations of the Purple

associated or connected with Purple, or have the sponsorship, endorsement, or approval of

sales and commercial value they would not have otherwise.

adequate remedy at law.

53. Defendant’s actions demonstrate an intentional, willful, and malicious intent to