Bob’s Discount Furniture, the East Coast banker best accepted for its low-budget “dare to compare” television commercials, is actuality sued for declared apocryphal announcement by Serta Simmons Bedding.
The lawsuit, filed aftermost anniversary in federal cloister in Chicago, alleges Bob’s took the allegory too far back it said its Black Label Gel mattresses had about the aforementioned apparatus as Simmons’ Beautyrest Black mattresses, except for the “fancy logo” and the price.
One atom shows the mattresses side-by-side, lists agnate appearance such as “gel-infused anamnesis foam” and “luxurious amplitude affiliate fabric,” and again sets them afar with Simmons’ “whopping” amount of $2,799 against $999 for the Bob’s version.
“Sure, they’re not absolutely the same, but you be the judge,” Bob Kaufman, the chain’s architect and on-air agent announces in the commercial.
In its lawsuit, Atlanta-based Simmons said the ads “falsely and misleadingly imply” that both mattresses use the aforementioned abstracts and components.
“Due to the advancing action we are clumsy to animadversion at this time,” Sean Flanagan, a agent for Bob’s, said Wednesday.
Nicole Murray, a Chicago-based advocate apery Simmons, additionally beneath to animadversion Wednesday.
Simmons, which has been a arch mattress architect for added than a century, says in the accusation that its Beautyrest Black mattresses accommodate proprietary anamnesis foam, patented pocketed braid technology and comfortable fabrics that are not acclimated in the Bob’s version.
In 2013, Serta, Simmons’ Hoffman Estates sister company, beatific Bob’s a appeal letter over a bartering it claimed falsely compared anamnesis cream in aggressive mattresses. Bob’s responded in that case by accordant to cull the ad off the air.
Founded in 1991, Connecticut-based Bob’s broadcast into the Chicago bazaar aftermost year and has 10 food in the burghal and suburbs. Its accession additionally unleashed the all-over amount allegory commercials, which generally affection a yellow-shirted Kaufman, a “Little Bob” boob and Cathy Poulin, the chain’s longtime accessible relations and beat director, who serves as Bob’s on-air foil.
Private disinterestedness close Bain Capital bought a majority pale in Bob’s in 2013. The appliance banker has 81 food in the East and Midwest.
The accusation alleges one calculation of apocryphal announcement and one calculation of ambiguous barter practices, and it seeks an adjustment administering Bob’s to “permanently aish the commercials” and an admonition preventing the alternation from claiming, “directly or by implication,” that its mattresses accept the aforementioned apparatus or abstracts as Simmons’ mattresses.
Simmons additionally wants the cloister to adjustment Bob’s to run announcement acclimation “the apocryphal or misleading” claims it made.
In addition, Simmons is gluttonous a amercement accolade to be bent at trial.
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