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Friday, April 19, 2024 | Back issues
Courthouse News Service Courthouse News Service

This Court Battle Will Put You to Sleep

SAN FRANCISCO (CN) - Sleep Science Partners says a competitor, Sleeping Well, stole trade secrets to create an identical snoring relief gizmo. Sleep Science says snoring can be so loud it is the reason why 23 percent of U.S. married couples sleep separately.

In its federal complaint, Sleep Science says Sleeping Well ordered a PureSleep anti-snoring mouthpiece from Sleep Science's Web site then copied its design.

Twenty percent of men in their early thirties snore, as do 5 percent of women, and the numbers increase with age until 60 percent of men and 40 percent of women are snoring in their 60s, Sleep Science says.

Sleep Science claims that before it invented its mouthpiece, anti-snoring devices were available only from dentists. The company says its PureSleep mouthpiece, sold directly to consumers, eliminates snoring by holding the lower jaw forward and keeping the upper airway open.

Sleep Science says it learned that Sleeping Well had swiped the product when it came across a Web site advertising the Z-Quiet, a mouthpiece "co-created" by a dentist with whom Sleep Science had consulted. Sleep Science also claims that Sleeping Well infringed on their Web site design and brochure content.

Sleep Science wants Sleeping Well ordered to stop advertising, making and selling Z-Quiet, plus restitution and damages for copyright infringement, misappropriation and false advertising. It is represented by Joseph Ehrlich.

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