A room at the Thompson Denver in LoDo. (BusinessDen file)
Pillows.com, a Denver-based online retailer for high-end headrests, claims that another website is imitating its business and stealing its name for a pillow-centric newsletter.
“At some point, they decided to completely steal and copy (Pillows.com)’s entire business model including…website content, layout and design,” it complained in an April 7 lawsuit.
Initially called Pacific Pillows, Pillows.com was founded in 2004 by local couple Abby and Craig Clark, who also owned Firefly Furnishings in Cherry Creek before its 2016 closure.
The e-commerce site specializes in selling bedding that is similar to that found in expensive hotel chains, allowing customers who enjoyed their night’s rest at a Ritz-Carlton, for example, to then buy its $65 feather pillows or its $240 satin trim blankets for their own homes.
“Brand is key,” Craig Clark once said of the Pillows.com domain, which he paid six figures for. “Having a one-word, category killer name as our brand has been everything for us.”
The Clarks, who hold a trademark for Pillows.com and HotelPillows.com, say their brand is now under attack by HotelHomePillows.com, a competitor based in Nashville, Tenn.
“That name variation is not sufficiently different than the plaintiff’s registered trademark,” this week’s lawsuit states, “and therefore creates confusion in the eyes of consumers.”
Firefly Furnishings closed in 2016. (BusinessDen file photo)
So, too, does Hotel Home Pillows’ website, which until recently listed its address as 2200 S. Valentia St. in Denver — the same address as Pillows.com — used infographics also found on Pillows.com, and lifted product descriptions from Pillows.com, according to the lawsuit.
“Defendants also misappropriated (Pillows.com)’s newsletter name, which is called Pillow Talk,” the lawsuit claims. It points to a recent newsletter from Hotel Home Pillows that used the phrase “pillow talk” to advertise the Hilton Hotels Down Dream Pillow, which sells for $90.
“It’s like a fluffy cloud and a supportive hug had a baby,” the knockoff Pillow Talk newsletter boasts, “and that baby was engineered to give you the best sleep of your life.”
Pillows.com is suing Hotel Home Pillows and its owner Pete Patel for trademark infringement, unfair competition, unjust enrichment and Consumer Protection Act violations. It wants District Court Judge Don Toussaint in Centennial to make HHP change its name and site.
“HotelHomePillows.com is an independent business built on honest work, original branding and a commitment to bringing hotel-quality comfort to everyday households,” Patel said in a statement to BusinessDen. “Any similarities to other sites are coincidental and reflect standard industry design trends — not deliberate imitation.”
Patel said that he has made changes to his website out of good faith and respect, including no longer using the term “pillow talk,” but strongly rejects accusations of wrongdoing.
“We remain committed to resolving this matter professionally, but we will also protect our brand, our business and our customer relationships against any attempts to interfere with
our legitimate operations,” he said in his statement.
Pillows.com is represented by attorney Brian Ray with Hatch Ray Olsen Conant in Denver.
Editor’s note: This story has been updated with comments from Patel.
A room at the Thompson Denver in LoDo. (BusinessDen file)
Pillows.com, a Denver-based online retailer for high-end headrests, claims that another website is imitating its business and stealing its name for a pillow-centric newsletter.
“At some point, they decided to completely steal and copy (Pillows.com)’s entire business model including…website content, layout and design,” it complained in an April 7 lawsuit.
Initially called Pacific Pillows, Pillows.com was founded in 2004 by local couple Abby and Craig Clark, who also owned Firefly Furnishings in Cherry Creek before its 2016 closure.
The e-commerce site specializes in selling bedding that is similar to that found in expensive hotel chains, allowing customers who enjoyed their night’s rest at a Ritz-Carlton, for example, to then buy its $65 feather pillows or its $240 satin trim blankets for their own homes.
“Brand is key,” Craig Clark once said of the Pillows.com domain, which he paid six figures for. “Having a one-word, category killer name as our brand has been everything for us.”
The Clarks, who hold a trademark for Pillows.com and HotelPillows.com, say their brand is now under attack by HotelHomePillows.com, a competitor based in Nashville, Tenn.
“That name variation is not sufficiently different than the plaintiff’s registered trademark,” this week’s lawsuit states, “and therefore creates confusion in the eyes of consumers.”
Firefly Furnishings closed in 2016. (BusinessDen file photo)
So, too, does Hotel Home Pillows’ website, which until recently listed its address as 2200 S. Valentia St. in Denver — the same address as Pillows.com — used infographics also found on Pillows.com, and lifted product descriptions from Pillows.com, according to the lawsuit.
“Defendants also misappropriated (Pillows.com)’s newsletter name, which is called Pillow Talk,” the lawsuit claims. It points to a recent newsletter from Hotel Home Pillows that used the phrase “pillow talk” to advertise the Hilton Hotels Down Dream Pillow, which sells for $90.
“It’s like a fluffy cloud and a supportive hug had a baby,” the knockoff Pillow Talk newsletter boasts, “and that baby was engineered to give you the best sleep of your life.”
Pillows.com is suing Hotel Home Pillows and its owner Pete Patel for trademark infringement, unfair competition, unjust enrichment and Consumer Protection Act violations. It wants District Court Judge Don Toussaint in Centennial to make HHP change its name and site.
“HotelHomePillows.com is an independent business built on honest work, original branding and a commitment to bringing hotel-quality comfort to everyday households,” Patel said in a statement to BusinessDen. “Any similarities to other sites are coincidental and reflect standard industry design trends — not deliberate imitation.”
Patel said that he has made changes to his website out of good faith and respect, including no longer using the term “pillow talk,” but strongly rejects accusations of wrongdoing.
“We remain committed to resolving this matter professionally, but we will also protect our brand, our business and our customer relationships against any attempts to interfere with
our legitimate operations,” he said in his statement.
Pillows.com is represented by attorney Brian Ray with Hatch Ray Olsen Conant in Denver.
Editor’s note: This story has been updated with comments from Patel.
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