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DAN-FOAM A/S v. BRAND NAMED BEDS, LLC

No. 06 Civ. 6350(SAS).

500 F.Supp.2d 296 (2007)

DAN-FOAM A/S and Tempur-Pedic, Inc., Plaintiffs, v. BRAND NAMED BEDS, LLC d/b/a BrandNameBeds4Less, Defendant.

United States District Court, S.D. New York.

May 4, 2007.

Attorney(s) appearing for the Case

Edward F. Maluf, Esq., Philip L. Blum, Bingham McCutchen LLP, New York City, for Plaintiffs.

Bruce D. Katz, Esq., Bruce D. Katz & Associates, New York City, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Plaintiffs Dan-Foam A/S and Tempur-Pedic, Inc. (collectively, "Tempur-Pedic"), manufacturers and distributors of premium mattresses, pillows, and other foambased products, bring this action against defendant Brand Name Beds, LLC d/b/a brandnamebedsforless ("BNB"), alleging: (1) trademark infringement in violation of section 32 of the Lanham Act ("the Act");

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