Global mattress manufacturer Tempur Sealy International has filed a lawsuit against California-based retailer Seltyk Mattress following alleged trademark infringements.

Tempur Sealy claims that Seltyk Mattress has been using its trademarks without permission as well as selling ‘fake Tempur-Pedic mattresses’ including variations of other brand trademarks to suggest a connection or association with the company.

Tempur Sealy also alleges that the retailer is promoting products using ‘counterfeit (if sometimes misspelled) Tempur Sealy Marks’ to attract customers to its physical store location and its Instagram page, which are misleading.

The lawsuit has been filed in the US District Court for the Central District of California and follows a previous request earlier this year where Tempur Sealy issued a cease and desist demand, which was not adhered to.

Another request was issued a few months later, which was also ignored, prompting further legal action. Tempur Sealy is requesting damages of $4m to be paid by Seltyk for the infringement, as well as demanding that all mattresses and promotional materials are to be destroyed.

In a brief statement, Tempur Sealy said that it will ‘vigorously protect’ its intellectual property and following ‘numerous warnings’ it was left with ‘no choice but to take legal action’.