Posted on November 03, 2017
PRESS RELEASE NOV 3, 2017 08:00 EDT
Victory for small business owners today John Baxter, serial entrepreneur, inventor, and
eCommerce pioneer has survived an 8 year legal battle.
Greenville, SC, November 3, 2017 (Newswire.com) - John Baxter has personally defeated
Sleep Number® (NASDAQ: SNBR) in two unwarranted lawsuits stemming from 2010,
including a 12 member federal jury trial on trademark infringement/dilution, unfair
competition, and false advertising.
12 Out Of 12 Jurors Agree
During the trial, Sleep Number® sought more than $17.1 million in damages from
defendants. The Federal, 12-member jury awarded less than 1% damages request. Baxter
prevailed on his counter claim seeking a judgment that Select Comfort® has no trademark
rights on the phrase, "Number Bed." Out of 106,582 alleged trademark infringement,
trademark dilution, and unfair competition, the Jury unanimously rejected Sleep Number®'s
claims in their home town federal court trial held in Minneapolis, MN.
"When I witnessed many public concerns from Shelly Ibach CEO of Sleep Number®, and
utilizing many bully tactics for many years against many companies, I decided right then I
would not be bullied, I would stand against them and fight for justice because I knew, I would
win, and that is exactly what I did," said Baxter.
A Huge Win Against A Serial Litigator
Select Comfort® / Sleep Number®'s an annual 1.3 billion dollar corporation has brought many lawsuits against its competitors. This is the first time they went to trial in this fashion and they lost big time. On Nov. 1st 2017, Select Comfort® SCSS changed their name after 30 years to Sleep Number® Corporation SNBR. The name change does not come as a coincidence, as we are just a week
after the major loss and the first day the case was publicized.
"It was a very tough case, to go against such a large company and for so many years. Most
people would have given up, and I know they were hoping that I would quit. The power they
had was pulverizing and many have said this is a David vs Goliath victory for the small guy,"
said John Baxter.
This is big win for small business owners. Baxter personally has been Sleep Number®'s
biggest competitor for over a decade. Baxter made a name for himself as an internet
pioneer in the space of online mattress sales in the early 2000's, since has helped many
companies, including Sleep Number's 2nd largest competitor then, Comfortaire®, "The
Original Air Bed Company," that later Sleep Number purchased assets in 2012. Baxter
helped Comfortaire® gain market share of the specialty sleep category: Adjustable Number
beds where Sleep Number® was the famous leading national brand. Baxter fought the same
lawsuit given to Comfortaire® and was released from any wrong doing in 2012, as a
contractor. Sleep Number then after the purchase of assets of Comfortaire® gave Baxter the
same exact lawsuit for an additional 5 years. Comfortaire® then, now Select Comfort SC
corporation failed to pay Baxter monies owed during his time with Comfortaire®, which
comes as a surprise why they would hold Baxter in a long drawn out litigation. Also Baxter
helped Personal Comfort in 2012, also named in the suit to obtain a larger market share
against Sleep Number.
"All Sleep Number could do is try to slow me down, here I am once again their biggest
competitor coming off a big win against them," said Baxter.
Baxter is well known in the industry for creating eCommerce brands as well as nationwide
direct response marketing and advertising campaigns. Baxter coined the term "Zero Gravity"
sleep position in the early 2000's, today is a household term used in nearly every adjustable
bed manufacture as setting found on nearly all controllers today. It has been a very big year
for John Baxter who also personally settled a court case with Mattress Firm Jan. 2017, the
largest market share leader in the entire retail mattress category.
"I've dedicated my entire life to helping people after suffering a severe accident that
happened nearly 20 years ago. The accident lead me on a journey and self exploration which
makes me passionate about natural health, diet, sleep, and creating the technology that I
believe everyone will want in need in the future," said Baxter.
Investors are now seeking John Baxter's new US approved patented Anti-Aging Bed®
technology coined the A2B Anti Aging Bed® www.antiagingbed.com. This bed is the future of
sleep according to Baxter and some doctors. His Anti-Aging Bed® is the first bed to
neutralize free radicals by removing static from the body and increasing oxygen utilization in
the body up to 24%, a combination that is game changing for the industry and sets the stage
for the new category of sleep, Anti-Aging.
"The bed creates a new category of sleep and is the future," states Baxter, that has compiled
multiple US approved patents and trademarks relating to the highly anticipated Anti Aging
wellness category of sleep that Baxter suggest "is for humanity".
Baxter suggest "this new segment creates the benchmark for the industry that squashes the
basic industrial age technologies that are outdated and prevalent throughout the industry."
Some of Baxter's patents also includes Adjustable Number Bed settings, which puts Baxter
back in the category and a competitor to Sleep Number® with patented technology.
The Attorney Involved
Barbara Berens, Berens & Miller
Berens & Miller, P.A.
Lawyer in Minneapolis, Minnesota Address:
80 S 8th St #3720, Minneapolis, MN 55402
Phone: (800) 928-9181
Source: JRB Enterprises
Original Source: www.newswire.com