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SELECT COMFORT CORP. v. BAXTER

No. 19-1077, No. 19-1113, No. 19-1178.

996 F.3d 925 (2021)

SELECT COMFORT CORPORATION; Select Comfort SC Corporation, Plaintiffs-Appellants v. John BAXTER; Dires, LLC, doing business as Personal Touch Beds and Personal Comfort Beds; Digi Craft Agency, LLC; Direct Commerce, LLC, doing business as Personal Touch Beds; Scott Stenzel; Craig Miller, Defendants-Appellees. Select Comfort Corporation; Select Comfort SC Corporation, Plaintiffs-Appellees v. John Baxter, Defendant. Dires, LLC, doing business as Personal Touch Beds and Personal Comfort Beds, Defendant-Appellant. Digi Craft Agency, LLC; Direct Commerce, LLC, doing business as Personal Touch Beds, Defendants. Scott Stenzel; Craig Miller, Defendants-Appellants. Select Comfort Corporation; Select Comfort SC Corporation, Plaintiffs-Appellees v. John Baxter, Defendant-Appellant. Dires, LLC, doing business as Personal Touch Beds and Personal Comfort Beds; Digi Craft Agency, LLC; Direct Commerce, LLC, doing business as Personal Touch Beds; Scott Stenzel; Craig Miller, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: May 11, 2021.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross-appellees was Andrew Scott Hansen , of Minneapolis, MN. Also appearing on appellants/cross-appellees brief were Heidi A.O. Fisher , of Minneapolis, MN, and Elizabeth A. Patton , of Minneapolis, MN.

Counsel who presented argument on behalf of the apppellee/cross-appellant was Jennifer M. Robbins of Minneapolis, MN. The following attorney(s) appeared on the appellee brief; Barbara Podlucky Berens , of Minneapolis, MN, Christopher William Madel , of Minneapolis, MN, Erin K. Fogarty Lisle , of Minneapolis, MN, Carrie L. Zochert , of Minneapolis, MN and Cassandra B. Merrick , of Minneapolis, MN.

Before SMITH, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.

Plaintiffs and Defendants sell competing adjustable air mattresses and related products. Plaintiffs' registered trademarks include "SLEEP NUMBER", "WHAT'S YOUR SLEEP NUMBER", "SELECT COMFORT", and "COMFORTAIRE". Plaintiffs allege Defendants used similar and identical marks in several different capacities online to sell competing...

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