Serta Seeks Declaratory Judgment In Trademark Case Against Oleg Cassini
Orange County – Mattress manufacturer Serta recently filed an action in a federal district court in Chicago, Illinois seeking a declaratory judgment that Serta has not infringed trademarks owned by Oleg Cassini, Inc. The action involves mattresses, sold by Serta at J.C. Penny stores, under the name”Perfect Day Cassini.” Serta claims it stopped selling mattresses bearing Cassini’s name after being accused by Cassini of trademark infringement dating back to the 1950’s.
Serta claims however, that despite ceasing use of the Perfect Day Cassini name, that Oleg Cassini, Inc. is still threatening to file an action for trademark infringement. Cassini has allegedly threatened to pursue the action because the Perfect Day Cassini mattress may still be purchased as a close out model or sample and because internet searches still yield results about the Perfect Day Cassini product.
Cassini’s continued threats to sue both Serta and J.C. Penny led Serta to file this action for declaratory relief in a Chicago federal district court. Serta attached to its complaint a letter it received from Oleg Cassini, Inc. stating that “Oleg Cassini, Inc. does not consider this matter closed.” The fashion designer threatened to file suit if Serta did not provide a full accounting of the Perfect Day Cassini product. The letter also indicated that Cassini will seek reasonable damages for the alleged trademark infringement.
Serta has asked the Chicago court to declare that Serta did not engage in trademark infringement and has also requested that Cassini be barred from bringing its threatened trademark infringement action. Serta claims that it did not infringe Oleg Cassini’s trademark but instead named the product after a famed astronomer and a NASA space craft. Serta further alleged that the word ‘Cassini’ is used in connection with other products unrelated to Oleg Cassini and is even the name of a lunar crater.
Cassini, on the other hand, argues that its trademark has been incontestable since the 1950’s and that Serta’s use constituted trademark infringement.
Posted in: Trademark Registration