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Manufacturer Asks ITC for General Exclusion Order on Certain Pillows and Cushions

Public comments are due Aug. 22 in a Section 337 case at the International Trade Commission regarding imported pillows and seat cushions, a notice in the Federal Register said. The notice follows an Aug. 5 complaint by Purple Innovation, which…

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alleges that 39 respondents are importing pillows and cushions that infringe on three of Purple's patents and violate its trademark of "Purple" in relation to seats and cushions. Purple says the respondents have engaged in misleading advertising and promotional activity in attempts to deceive customers. The patents at issue cover methods of cushion manufacturing and double-cushion pads. Purple has asked the ITC for a general exclusion order on products that infringe on one of Purple's design patents, a utility patent, and/or a trademark. In addition, Purple also seeks a limited exclusion order on products from the respondents that infringe on a separate utility patent and cease and desist orders against the respondents.