John Baxter Defeats Serial Litigant Sleep Number® Corporation in $17 Million Lawsuit

  MINNEAPOLIS, MN - 11/02/2017 (PRESS RELEASE JET)

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.

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 Mark Kimball, head legal council Select Comfort® VP and Shelly Ibach CEO of Sleep Number®, utilize 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," said Baxter.

A Huge Win Against A Serial Litigator

Select Comfort® & Sleep Number® 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 a small business owner. Just yesterday, Nov. 1st 2017, Select Comfort® SCSS changed their name after 30 years to Sleep Number® Corporation and even changed their stock ticker symbol to SNBR. The name change does not come as a coincidence as we are just weeks after the major loss and the day after the case was publicized.  

"It was a very tough case for me personally, to go against such a large company and for so many years. Most people would have given up, and Sleep Number was 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 a 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 in 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 and employee. Sleep Number then purchased 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 "it 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." To top it off 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: (612) 349-6171