Tempur-Pedic takes knocks for patent lawsuit
Memory foam leader Tempur-Pedic sent shock waves through the bedding industry last week when it filed a patent infringement suit against 17 companies, including the industry’s three largest producers: Sealy, Simmons and Serta.
Tempur-Pedic said it believes those companies are violating a patent that it says protects the proprietary design and
construction of Tempur-Pedic mattresses.
That lawsuit is a highly unusual development, as we noted in our story on the lawsuit. We’ve never seen anything that
approaches the scale or scope of the claims being made by Tempur-Pedic.
We don’t know how that lawsuit will play out in a court of law, but we do know how it is playing out in the court of public
opinion. And in that court, Tempur-Pedic is taking some serious knocks.
Anatomic Global, a West Coast-based memory foam producer that is one of the companies named in the lawsuit, issued a stinging rebuke to Tempur-Pedic, one that has more than a few in the industry nodding their heads in approval. “This is an unfortunate and pathetic attempt by the school yard bully, Tempur-Pedic, to push its retailers into submission by implying they will be unable to get product from companies like ours in the future,” said David Farley, CEO of Anatomic Global. “Instead of trying to win business by treating dealers with respect, allowing them to market their products and earn a decent margin, Tempur-Pedic is threatening to kill the supply chain that fosters competition and that keeps their company in check from total domination of the market.”
Farley described the lawsuit as “totally baseless and without merit in law.”
The only other response to the lawsuit thus far has come from Simmons, which said it expects to “vigorously defend” its
products against the suit.
The comments I’ve heard from the industry are running strongly against Tempur-Pedic. That company is not making any friends with this lawsuit.
Matt commented:
I suppose you can't blame them for trying, but it is an unethical, feeble attempt to retain market share. Those of us that know that the business realize that regardless of the strength of their branding, the increasingly knowledgable customers are beginning to realize the premium Tempur is charging just isn't worth it. So after this passes it will be business as usual...
MR commented:
Direct and to the point - let Tempur-Pedic spend tens of thousands of dollars trying to squeeze the competition their product is not any better than before, not any more comfortable and certainly not any cheeper (if anything this will cause the price to go higher). Do not accept their lame reasons for this lawsuit - simply put it seems that they are making a last attempt to control the market. Enough is enough - let them choke themselves and be gone.
gatesay commented:
Tempur-Pedic you are the neighborhood bully. You think just because you were first with the memory foam bed that no one else should be able to have one. Guess what, no body stole your precious formula. Capitalism and innovation is alive and well and if you’d stop being the greedy monster and concentrated on your customers instead of your competition you’d be better off. Try offering your products for a fair profit and excellent customer service. That and only that will keep you ahead of the competition.
While your busy figuring out how to screw your customers, your competitors are developing better formulas (better beds) and offering superior customer service and warranties. Hell, read the reviews, this is why the customers are running from your stores looking for better options.
Now you’re stepping over the line at attacking your competition with a lawsuit. Quit picking on the little guys. This will just piss your customers off even more. You have the marketing and branding, why not just use that huge resource you already have in place and change your business policies to be more customer focused, that will be the only way you will survive.
waterbed man commented:
I thought it was the waterbed industry that educated the consumer about the benefits of sleep.
May Bedlam-Rule commented:
Tempur educated the bed buyer about the benefits of body contouring support - taking a Swedish innovation to market very successfully. Mattress makers watched and learnt. They reacted as any competitor would. Whether they copied formulas time and the courts will tell. Savvy consumers want products that work. Can you think of any other functional product that is bought without the buyer first establishing that it will meet his or her needs? Quite! Memory foam might body contour but does so way too slowly creating other problems for the sleeper. Savvy bed buyers know this just as the industry knows this. Mattress makers need to understand the modern consumer and look at innovations worldwide and take them seriously. In the 1990s the traditional mattress makers ignored Tempur at their peril. In the 21st century they and Tempur should not make the same mistake. The industry knows that the mattress however configured is fraught with basic design flaws. Read Bart Haex's Back & Bed lest there be any doubt. The industry knows there is a technology out there that could revolutionize and regenerate the industry. The designers and creators of the Ammique technology would welcome working with the industry. They are only a phone call away...
BedMan commented:
If you think 'Price is swinging the door'
I am glad you do not work for me.
Let me guess, you treat every consumer as if they have no money to spend, and just try to slam them on a 599 value bed.
Nobody shops on price alone. What was the last thing you bought? Did you say to yourself, let me go buy the cheapest XXX I can find? I doubt it.
Pay attention to your customers, do not listen to the media. Consumers are still spending money, but with an attitude like that, probably not at your location.
BedMan commented:
Where were all you "experts" when Serta was suing because they put 'tips up'.
Where were all you "experts" when Sealy was suing because they used the word 'pedic'.
Where were all you "experts" when Simmons was suing for 'encased coils'
Every manufacturer should protect their proprietary being; and what they have built the company upon.
It just looks like a bunch of jealous 'wanna be's' and and weak sales people who should just be ringing a register at the local Piggly Wiggly rather than being turned loose on a sales floor to be a "professional" sales person.
Don't be a hater.
Vincent commented:
So what happens if they win, intimidate retailers to sell their products only. They are the most hated arrogant bunch in the business. Price is what is swinging the door not their brand any more.
bedding manufacturer commented:
What's their patent? A minimal amount of memory foam over a much greater amount of cheap foam on top of a cheap wood foundation . All this is presented to the consumer at a sky high price and advertised so consumers think it's ALL memory foam.
Michael commented:
The mattress business is about controlling the retail real estate. As the consumer spends less retailers are forced to change their assortment. Tempurpedic should try and maintain share not by litigating but buy leveraging GOOD relationships and find new ways to expand their line or launch a lower priced line so they don't loose share. They are very short sighted and are just going anger the base they are selling to.
Ed commented:
Tempurpedic's CEO retires in 2008 as the mattress industry goes through one of the toughest economic times and you should wonder if he got out just in time. This lawsuit is going to be a legal defense for why the company is going to see big tough times ahead, they're just preparing their excuses now. The patent speaks to "laminated" visco foam, which I believe they are referring to patent
simple simon commented:
Innovation or litigation?
SleepyGal commented:
I agree that Tempur-pedic sells its products for outrageous prices because it has their "special" formula, but if consumers fall for it then so be it. There are many retailers who have ran after this product hoping to jump on the band wagon to reap off the huge sales this product brings. Yes we can all be upset or jealous that this company came up with a unique product and a great marketing approach; but that's all we can do be jealous or upset!
Even though some feel that this lawsuit is just ridiculous, we all know that Simmons, Sealy, and Serta as well as other manufacturers would be doing the same exact thing if it was them on the other side of the fence.
In an economy like the one we find ourselves in, it is no surprise to see an animal try to eat another animal...after all "starvation" can make us all do some crazy things!
Let them all kill eachother off. Perhaps this is the only thing that will get us back on track, starting from scratch. Maybe this time we can get it all right, that it is not about ripping people off but it's about helping one another. Of course, these corporation have no clue what this means.
JE commented:
Unfortunately.....we are the Knock Off Society...! it is upsetting when you see people copy or even using the Company's logo to make a Knock off product - sell them CHEAP!!I absolutely agree that Tempur-Pedic should go back and file another lawsuit!
Buyer commented:
Rather than reform the 'take it or leave it' attitude that has driven away so many retailers, Tempur is looking for the courts to do for them what they no longer can: maintain market share. Pathetic.
Beddingguy commented:
They realized what few in the bedding business have...the fact that the BRAND is more important than the product. They have done the best job BRANDING their products in the marketplace and have a very high level of awareness to the consumer.
oldtimer commented:
Anybody old enough to remember when Monterey (I think) tried this with all of the waterbed mattress producers. Didn't work well then and I would guess it won't work too well now.
Eric Finlay commented:
Isn't the Tempur president Rick Anderson the chairman of ISPA? There's a dose of industry leadership for you! Rick: how do you spell, "Step down?"
Gary commented:
Never before in the history of marketing has one company acheived such large market share with a generic of a product as Tempurpedic produces. It seems they realize the gig is up, and they must do something -- albeit outrageous -- at this point.
Tom commented:
Isn't the patent expiring pretty soon, anyways?
This is probably the last straw before Tempur goes down, down, down, which we expect to be only natural after they treat their retailers with such disrespect and consumers with their toxic chemical infested products & unreasonably high prices. In the mean time, their own people are getting richer than ever!
Dave commented:
We are an industry replete with knock-offs and copies. It is refreshing to see a manufacturer defend it's designs and products.
richard commented:
if i was tempurpedic i would do the same and so would everyone that has been sued.
