Select Comfort Corp. v. Tempur Sealy Int’l, Inc.

BVLaw
Full Text of Court Cases
September 28, 2016
2515 Mattresses, Foundations, and Convertible Beds
337910 Mattress Manufacturing
economic damages & lost profits

Select Comfort Corp. v. Tempur Sealy Int’l, Inc.
2016 U.S. LEXIS 133828
US
Federal Court
Minnesota
United States District Court
Joseph D. Kenyon (plaintiff); Jeffrey A. Stec (defendant Tempur Pedic), Kristopher A. Boushie (defendant Mattress Firm)
Frank

Summary

In false advertising suit, court finds plaintiff expert’s narrowly tailored disgorgement calculation is admissible under Daubert; but court rejects “high-end” damages model based on profits from sale of products not targeted by defendant’s advertising.
Select Comfort Corp. v. Tempur Sealy Int’l, Inc.
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See Also

Court Disapproves of Use of Damages Model to Establish Liability

In false advertising suit, court finds plaintiff expert’s narrowly tailored disgorgement calculation is admissible under Daubert; but court rejects “high-end” damages model based on profits from sale of products not targeted by defendant’s advertising.