DAN-FOAM A/S v. Brand Named Beds, LLC

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 foam-based 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”); 1 (2) “palming off’ in violation of section 43 of the Act; 2 (3) trademark dilution in violation of section 43 of the Act; 3 (4) trademark dilution in violation of New York…