Purple, Tempur Sealy Settle Mattress Firm Acquisition Concerns

Purple and Tempur Sealy have resolved their year-long IP battle and have established terms for partnership.
Photo credit: JHVEPhoto -

Purple Innovation, Inc., maker of the Purple mattress, and Tempur Sealy International, Inc., have established new partnership parameters amid Tempur Sealy’s planned acquisition of Mattress Firm. The companies also have “amicably resolved” their “various intellectual property disputes,” according to a Purple press release.

Tempur Sealy initially announced its plans to acquire Mattress Firm in May 2023 for $4 billion in a cash and stock transaction. If the Federal Trade Commission allows this acquisition to take place, Purple will retain its existing relationship with Mattress Firm (which is its largest wholesale retail partner) for a minimum of 12 months. Initially, Purple only planned to commit to the partnership for a two-month period.

“Mattress Firm is an important and respected partner,” said Rob DeMartini, CEO of Purple Innovation in a statement. “We believe our Purple brand and products bring a high number of unique consumers into Mattress Firm stores. We appreciate working on an even playing field today and want to continue to work collaboratively with Mattress Firm. This agreement will give us time to explore expansion opportunities.”

Purple Reaffirms IP Ownership

As part of its new and improved relationship, Purple and Tempur Sealy have squashed their ongoing IP arguments.

Purple filed a patent infringement complaint in March 2023 to stop Tempur Sealy from infringing on Purple’s IP rights for its Purple® Hybrid and Purple® Hybrid Premier mattresses, specifically relating to its proprietary Hyper-Elastic Polymer® gel material, the key component in Purple’s GelFlex® Grid.

“Purple’s products are the result of over 25 years of innovation and investment in proprietary and patented comfort technologies and the development of their own manufacturing processes,” the complaint read. “Purple’s proprietary technologies underpin many of their mattress products and provide a range of benefits that differentiate Purple’s mattresses from its competitors’ products.”

Purple also accused Tempur Sealy of copying its marketing strategy, which focuses on “twist” and “compression” videos that display the technological aspects of the products.

After more than a year, the companies have reached an “amicable” resolution. Purple “retains all control and ownership over its brand, its patented mattress technology and its Hyper-Elastic Polymer and GelFlex Grid marks,” according to the company press release.

“The marketplace’s interest in gel technology recognizes the strength of what makes Purple’s unmatched sleep innovation disruptive and cutting edge, and the best way of delivering deep, uninterrupted sleep,” DeMartini said. “We are pleased to focus on expanding Purple’s business and bringing the many benefits of our GelFlex Grid to more customers.”


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