Serta Simmons is suing Bob's Discount Furniture for false advertising. The Chicago Tribune reports the lawsuit, filed last week in Chicago, alleges Bob’s took a mattress comparison too far when it said its Black Label Gel mattresses had essentially the same components as Simmons’ Beautyrest Black mattresses, except for the “fancy logo” and the price. Simmons, which has been a leading mattress manufacturer for more than a century, says in the lawsuit that its Beautyrest Black mattresses include proprietary memory foam, patented pocketed coil technology and luxurious fabrics that aren't used in the Bob’s version. In 2013, Serta Simmons sent Bob’s Discount Furniture a demand letter over a commercial that falsely compared the memory foam in the competing mattress.
Total Retail’s Take: If you look at the items side by side, it’s hard to deny the resemblance. Even in the commercial, Bob Kaufman, the chair’s founder states, “Sure, they’re not exactly the same, but you be the judge.” Simmons is also seeking damages in addition to an apology correcting the statement on air.