Nonetheless, the “Antimicrobial Cloth” advertised, marketed, distributed, andsold by Tadgreen incorporates the 455 Patent.17.
Tadgreen expressly claims that intertwined in the microfibers of its AntimicrobialCloth are silver ions that kill the bacteria that the cloth picks up when used to wipe hard surfaces.Consequently, the Antimicrobial Cloth advertised, marketed, distributed and sold by Tadgreenincorporates the patented invention encompassed by the 455 Patent.18.
During the period encompassing the six years prior to the filing of this complaint,Tadgreen has sold, advertised, marketed, and distributed the Infringing Product unlawfully andwillfully without license or the consent of Sweports, Ltd. or UMF, in this judicial district as wellas elsewhere in the United States.19.
At all times material to this action, UMF has advertised, marketed, distributed,and sold products incorporating the 455 Patent extensively and enjoyed commercial successthrough its efforts and investment.20.
UMF has complied with the statutory requirement of providing notice of the 455Patent.21.
Until Tadgreen was first contacted by UMF, Tadgreen, through one of itsdistributors, went so far as to copy UMF’s copyrighted marketing materials and pasted UMF’smarketing materials onto the distributor’s website suggesting to customers and potentialconsumers that the distributor owned the artwork incorporated in its advertising copy as well asthe right to sell a product incorporating the 455 Patent.22.
Upon receipt of UMF’s initial correspondence cease and desist letter concerningTadgreen’s infringement in November 2011, Tadgreen purported to disclaim control over itsdistributors and denied that its product infringed the 455 Patent. In December 2011, Tadgreenasserted that the antimicrobial feature in its product “is very different from the patent.”
Case: 1:12-cv-05970 Document #: 1 Filed: 07/30/12 Page 3 of 5 PageID #:3