Sealy, Incorporated, a Corporation v. Easy Living, Inc., a Corporation, and Danco, Inc., and Jack Ward Mattress, Inc., D/B/A Pacifica Mattress Company

This trademark infringement action was brought by Sealy, Incorporated against Jack Ward Mattress company, d/b/a Pacifica Mattress Company (“Pacifica”) and Dan-co, Inc. Defendants counterclaimed under federal antitrust laws. Defendants appeal from the district court’s dismissal of their counterclaims, entry of a permanent injunction against them, and award to plaintiff of attorney’s fees. With the exception of the challenge to the award of attorney's fees, we find that none of appellant’s objections require reversal.

I. FACTS.

A. The Parties.

Sealy is an association of bedding manufacturers which owns and licenses the “Sealy” trademark. Sealy, Inc. establishes standards for the manufacture of bedding products to be sold under its name.

Danco, an organization of manufaeturer’s representatives, advertises and sells a variety of bedding products, including those of defendant-appellant Pacifica.

Pacifica, a bedding manufacturer located in San Diego, California, is wholly-owned by Ohio-Sealy Mattress Manufacturing Co. (“Ohio-Sealy”). Ohio-Sealy itself manufactures bedding and, unlike its subsidiary Pacifica, is a Sealy licensee. In 1971, OhioSealy sued Sealy, Inc. under federal…