TechDirt has more:
Unlike other defamation suits we've covered here -- especially those attempting to dodge anti-SLAPP motions by presenting themselves as trademark suits -- Purple's complaint is long and detailed. Purple feels multiple posts at Honest Mattress Reviews have falsely disparaged the company and its products. All of the posts center on the white "powder" Purple uses to coat its mattresses during packaging to prevent it from sticking to itself.
Purple's Lanham Act claims rest on Monahan's alleged conflicted interests, even as it admits in its filing that Monahan is no longer associated with GhostBed. It points to several statements posted at Honest Mattress Reviews which infer the powder used by Purple might be dangerous or unhealthy. HMR offers no proof of these assertions, but very few of them are actual assertions. In most cases, they're merely implications, surrounded by phrasing and pull quotes that help make the patent-pending substance appear more dangerous than Purple claims it is. Purple hasn't offered too many specifics in defense of its white powder, citing its pending patent as the reason it can't be more specific about the powder's composition.
The Streisand Effect is kicking in:
@LifeOnPurple Hi, I want to buy a Purple mattress, but don't want to be sued if I post a review online. Any tips?
— FruitbatNT (@fruitbatNT) May 8, 2017
@LifeOnPurple You're just going to sue reviewers you disagree with? Just about to order a mattress from you... What a shame. #PurpleMattress
— Matthew Pall (@mleep823) May 8, 2017
@Forbes Purple Mattress is dead as a company. Suing journalists is amateur on a level rarely seen from any reputable company.
— Greg Brailsford (@realgb) May 8, 2017
