Michigan-based pillow manufacturer sues online retailer over trademark infringement


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

Hit Notion LLC, a Michigan-based company known for its patented pillow designs, has filed a lawsuit against DigitalPrints USA Corp., which operates under the name Cheer Collection, an online retailer. The complaint, filed on April 11, 2024, in the U.S. District Court for the Eastern District of Michigan, accuses Cheer Collection of copying Hit Notion's patented pillow designs and infringing on its trademarked brand name.

Hit Notion alleges that Cheer Collection has been selling pillows that replicate two of its patented designs, protected under U.S. Design Patents D875,432 S and D949,600 S. 

These products, the company claims, are being sold through major online platforms such as Amazon, Walmart, eBay, and Cheer Collection’s own website, cheercollection.com, without authorization.

In addition to patent infringement, Hit Notion also accuses Cheer Collection of infringing on its “HUSBAND PILLOW” trademark, a brand the company has used since 2017. Hit Notion argues that Cheer Collection’s use of this name causes consumer confusion and constitutes unfair competition.

The lawsuit seeks a permanent injunction to stop further sales of the infringing products, an accounting of all revenues from those sales, and damages amounting to three times the assessed amount due to willful infringement. Hit Notion is also seeking compensation for attorney fees and other legal costs.

Representing Hit Notion is attorney Andrew M. Grove from Howard & Howard Attorneys PLLC in Royal Oak, Michigan. Case I.D. 1:24-cv-07986-MMH.

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