Law360 (May 25, 2021, 12:40 PM EDT) — A discount mattress brand is urging the Eighth Circuit to rethink a recent trademark ruling that endorsed the disputed doctrine of “initial interest confusion,” warning that the court had made “a single click actionable.”

In a petition filed Monday, Personal Comfort Beds asked the full appeals court to overturn a panel ruling earlier this month that said the company had potentially infringed the trademarks of competitor Sleep Number.

According to Personal Comfort, the problem is that the ruling endorsed initial interest confusion — a doctrine that permits a finding of infringement because of temporary misunderstanding by consumers, even if it doesn’t…

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