A Bedford Hills company that owns the Vibe and Good Vibes Start Here trademarks claims that an Arizona furniture company is using a similar slogan that has created bad vibes.
Kimberly LLC accused Legends Furniture Inc. and affiliate In2Rest LLC of trademark infringement, in a complaint filed on Nov. 11 in U.S. District Court, White Plains.
“Kimberly has suffered and will continue to suffer damage to its business, goodwill, reputation and profits,” the complaint states, while “defendants have profited and will continue to profit from [their] wrongdoing.”
Kimberly says it has been using the Vibe trademark since 2017 and the Good Vibes Start Here trademark since 2021, according to the complaint. It has licensed the marks to Sinomax USA Inc., a Houston company that makes gel foam mattresses and pillows.
Kimberly LLC is based in a house on Davids Hill Road, Bedford Hills, that has been used by Kimberly Labriola, who is not mentioned in the lawsuit.
Kimberly LLC says it discovered this past January that Legends Furniture had been using the GoodVibeSleep logo in bedding advertisements, and that Legends planned to participate in a trade show where Kimberly was going to exhibit beds and mattresses.
Kimberly says it told Legends that it was infringing on trademarks and causing confusion in the bedding market.
Despite the notice, the complaint states, Legends participated in the trade show and has continued to use the GoodVibeSleep catchphrase to sell mattresses and pillows.
Kimberly filed a protest with the U.S. Patent and Trademark Office. Then Legend’s affiliate, In2Rest, applied for a trademark, claiming that it had been using the GoodVibeSleep mark since Jan. 28.
Settlement discussions have not been successful, according to the complaint, and Legends has continued to use the similar mark and In2Rest has refused to abandon its trademark application.
Kimberly accused its rival of trademark infringement and unfair competition, under federal and state laws.
It is asking the court to order Legends to stop using GoodVibeSleep or any variants that are likely to cause confusion in the bedding market. It is demanding unspecified monetary damages and the destruction of any materials that infringe on the vibes trademarks.
Legends Furniture did not reply to an email that asked for its side of the story.
