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IP Whiteboard

Martha Stewart: Don’t let the bed bugs bite

20 September 2010

To most people, bedbugs are creatures that only appear in nightmares, but according to recent reports bed bugs are making a comeback in the United States.  The pests are reportedly rising to levels not seen since the 1960s when the bugs were largely eliminated with the (now-banned) pesticide DDT.  Some have even gone so far as to say that the United States is on the verge of a pandemic from which no one is safe, not even the Empire State building or Google.

So, what can you do to protect yourself from these bloodsucking pests during the middle of the night?  Enter the Protect-A-Bed mattress protector and the Martha Stewart Collection Allergy Wise Mattress Protector, which are both said to protect sleepers from bed bugs. 

Interesting, but what do these pests have to do with IP? Well, the makers of Protect-A-Bed mattress protector, JAB Distributors, have alleged that the Martha Stewart Collection Allergy Wise Mattress Protector infringes their patent rights to a “mattress encasement for preventing bed bug escapement via a zipper opening”. 

JAB Distributors LLC, filing a suit in the U.S District Court for the Northern District of Illinois against Martha Stewart Living Omnimedia Inc, have sought a court order to prevent further use, plus compensation.  The next hearing for the case is set down for 27 October 2010. 

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