Dream Wick v. Root Candle - Complaint

1
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DREAM WICK, INC.

Plaintiff,

v.

ROOT CANDLES,

Defendant.

Civil Action No.

JURY TRIAL DEMANDED

Electronically filed

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff Dream Wick, Inc. (herein after Dream Wick), by and through its undersigned
counsel, hereby avers and alleges the following against Defendant Root Candles:
THE PARTIES

1. Dream Wick is a limited liability company organized under the laws of
Pennsylvania and has a principle place of business at 8701 Route 30, North Huntington,
Pennsylvania 15642. Dream Wick is an industry leader in developing and manufacturing a
wooden wick for use in a wax candle.
2. Upon information and belief, Root Candles is an Ohio corporation and has a place
of business at 623 W. Liberty Street, Medina, Ohio 44256. Root Candle is a manufacturer of
various types of candles.

JURISDICTION AND VENUE

3. Dream Wick brings this action for patent infringement under the patent laws of
the United States, Title 35 of the United States Code. This Court has jurisdiction pursuant to 28
U.S.C. 1331 and 1338.
Case 2:13-cv-01328-TFM Document 1 Filed 09/11/13 Page 1 of 7
2
4. Dream Wick is the owner of all right, title, and interest in United States Patent
Nos. D663,450 S (hereinafter, the 450 Patent) and D669,615 S (hereinafter, the 615
Patent). True and correct copies of the 450 Patent and the 615 Patent are attached hereto as
Exhibit A and Exhibit B, respectively.
5. Dream Wick is also the owner of all right, title, and interest in United States
Patent Application Publication Nos. 2012/0064467 A1 (herein after the 467 Patent
Application) and 2008/0153046 A1(herein after the 046 Patent Application). True and
correct copies of the 467 Patent Application and the 046 Patent Application are attached hereto
as Exhibit C and Exhibit D.
6. Root Candles manufactures and sells candles having a wooden wick and having a
two piece wooden wick.
7. Root Candles advertises candles having a wooden wick and/or having a two piece
wooden wick, including at least its Seeking Balance candles on its website,
http://www.rootcandles.com/, which is accessible over the Internet all over the United States,
including in this District.
8. Upon information and belief, Root Candles advertises in this District, regularly
conducts business in this District, and has offered for sale and sold candles having a wooden
wick and/or having a two piece wooden wick in this District, including at least its Seeking
Balance candles.
9. Upon being notified of the 450 Patent and the 615 Patent, Root Candles
infringement thereof, and being given a reasonable opportunity to respond, Root did not agree to
cease its infringement. This infringing activity causes injury to Dream Wick in this District and
subjects Root to personal jurisdiction in this judicial district.
3
10. Venue is proper pursuant to 28 U.S.C. 1391 and 1400(b) because Root Candles
is subject to personal jurisdiction in this District. Upon information and belief, Root Candles
advertises, offers to sell, and sells candles having a wooden wick and/or having a two piece
wooden wick in this District, Root Candles website is viewable in this District, and harm from
Root Candles infringing actions occurs in this District.

SUMMARY OF THE FACTS
11. The 615 Patent was duly and legally granted by the United States Patent and
Trademark Office on October 23, 2012 and claims an ornamental design for a candle having a
wooden wick.
12. The 450 Patent was duly and legally granted by the United States Patent and
Trademark Office on July 10, 2012, and claims the ornamental design for a candle having a two-
piece wooden wick.
13. Upon information and belief, Root Candles makes, sells, and offers to sell candles
with a wooden wick and/or a two piece wooden wick in the United States and within this district,
including at least its Seeking Balance candles.
14. The 467 Patent Application was published by the United States Patent and
Trademark Office on March 15, 2012 and claims wooden wicks including a booster for a candle
and a method of making the same.
15. The 046 Patent Application was published by the United States Patent and
Trademark Office on June 26, 2008 and claims wooden wicks including a booster for a candle
and a method of making the same.
4
16. Upon information and belief, Root Candles makes, sells, and offers to sell candles
with wooden wicks including a booster for a candle and a method of making the same in the
United States and within this district, including at least its Seeking Balance candles.
17. On July 31, 2013, Dream Wick notified Root of Dream Wicks belief that Roots
current candle products, particularly Roots Seeking Balance candles, infringed at least one of
Dream Wicks patents and would also infringe the currently pending claims of the applications.
In this communication, Dream Wick requested further discussions with Root regarding the
infringement to reach an amicable resolution of the dispute. Root responded that somebody, its
agent or counsel, would be contacting Dream Wick to discuss this dispute, but Dream Wick and
its counsel have not heard from Root since that conversation.
18. Notwithstanding the direct notification of infringement from Dream Wick, upon
information and belief, Root Candles continues to manufacture, use, sell, and offer for sale
candles infringing the 615 Patent and the 450 Patent, and would infringe the pending claims of
the 467 Patent Application and the 046 Patent Application.

COUNT I:
INFRINGEMENT OF THE 615 PATENT

19. Dream Wick repeats and re-alleges each and every averment contained in
paragraphs 1-18 hereof as if fully set forth herein.
20. The 615 Patent is entitled Candle Having a Wooden Wick issued on October
23, 2012.
21. Dream Wick is the owner of all right, title, and interest in the 615 Patent.
22. Upon information and belief, Root Candle has been and is still directly infringing,
as defined by 35 U.S.C. 271, the sole claim of the 615 Patent by making, selling, and offering
5
to sell candles having a wooden wick, including at least its Seeking Balance candles, and will
continue to do so unless enjoined by this Court.
23. Upon information and belief, customers of Root Candles have purchased and
continue to purchase candles having a wooden wick from Root Candles. On information and
belief, these customers have and continue to use candles having a wooden wick, thus directly
infringing at least one claim of the 615 Patent.Upon information and belief, Root Candle has
been and continues to actively contribute to and induce this infringement. Such infringement
will continue unless enjoined by the Court.
24. Root Candles activities and infringement of the 615 Patent have been and are
willful and deliberate, constituting willful infringement.

COUNT II:
INFRINGEMENT OF THE 450 PATENT

25. Dream Wick repeats and re-alleges each and every averment contained in
paragraphs 1-24 hereof as if fully set forth herein.
26. The 450 Patent is entitled Candle Having a Two-Piece Wick issued on July 10,
2012.
27. Dream Wick is the owner of all right, title, and interest in the 450 Patent.
28. Upon information and belief, Root Candle has been and is still directly infringing,
as defined by 35 U.S.C. 271, the sole claim of the 450 Patent by making, selling, and offering
to sell candles having a two-piece wooden wick, including at least its Seeking Balance candles,
and will continue to do so unless enjoined by this Court.
29. Upon information and belief, customers of Root Candles have purchased and
continue to purchase candles having a two-piece wooden wick from Root Candles. On
6
information and belief, these customers have and continue to use candles having a two-piece
wooden wick, thus directly infringing at least one claim of the 450 Patent.Upon information and
belief, Root Candle has been and continues to actively contribute to and induce this
infringement. Such infringement will continue unless enjoined by the Court.
30. Root Candles activities and infringement of the 450 Patent have been and are
willful and deliberate, constituting willful infringement.

WHEREFORE, Dream Wick respectfully requests judgment be entered against Root
Candles as follows:
A. An award of damages adequate to compensate Dream Wick for the infringement, in
the form of at least a reasonable royalty, and/or Root Candles total profit together with
prejudgment interest from the date the infringement began;
B. Any damages permitted in the Courts equitable discretion including increased
damages for willful infringement under 35 U.S.C 284;
C. A finding that this case is exceptional and an award to Dream Wick of its attorneys
fees and expenses as provided by 35 U.S.C. 285;
D. An injunction permanently enjoining Root Candle, and all persons in privity or active
concert or participation with Root Candle, from further acts of infringement of the 615 Patent
and the 450 Patent; and
E. Such other and further relief as this Court deems proper.

DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Dream Wick hereby
demands a trial by jury of all issues triable by jury.
7
Respectfully submitted,

Dated: September 11, 2013 /s/Daniel H. Brean
Daniel H. Brean (PA ID No. 208711)
dbrean@webblaw.com
Jeffrey D. Mulrooney (PA ID No. 208640)
jmulrooney@webblaw.com
Christopher P. Sherwin (PA ID No. 313626)
csherwin@webblaw.com

The Webb Law Firm
One Gateway Center
420 Fort Duquesne Blvd., Suite 1200
Pittsburgh, PA 15222
(412) 471-8815

Counsel for Plaintiff Dream Wick, Inc.

Case 2:13-cv-01328-TFM Document 1-1 Filed 09/11/13 Page 1 of 9
EXHIBIT A
111111111111111111111111111111111111111111111111111111111111111111111111111
USOOD663450S
c12) United States Design Patent
Delcotto et al.
(10) Patent No.:
(45) Date of Patent:
US D663,450 S
** Jul. 10, 2012
(54) CANDLE HAVING A TWO-PIECE WOODEN
WICK
(76) Inventors: Melynda Suzanne Delcotto, North
Huntingdon, PA (US); Justin Damiani,
Youngwood, PA (US)
(**) Term: 14 Years
(21) Appl. No.: 29/406,500
(22) Filed: Nov. 15, 2011
Related U.S. Application Data
(62) Division of application No. 12/002,819, filed on Dec.
19,2007.
(51) LOC (9) Cl . .. ........ .. .. .. ...... .. .... ................ .. .... 26-04
(52) U.S. Cl. .. .... .... .. .. .......... ............................ .. .... D26/6
(58) Field of Classification Search .. .... ........... D26/1-6;
431/288-292
See application file for complete search history.
(56) References Cited
U.S. PATENT DOCUMENTS
52,231 A 1/1866 Walton
59,839 A ll/1866 Hoard
123,917 A 2/1872 Ladd
133,973 A 12/ 1872 Everett
170,995 A 12/1875 Daniels
239,855 A 4/1881 Schneider
252,590 A 1/1882 Loper
276,602 A 5/ 1883 Kirk
383,822 A 5/ 1888 Munger
415,231 A ll/1889 Walters
431,033 A 7/1890 Chapin
486,966 A ll/1892 Eisinger
731,033 A 6/1903 Freeman
747,282 A 12/1903 Wallgren
2,570,841 A 10/1951 O'Connor
3,582,251 A 6/1971 Concannan
3,652,197 A 3/1972 Tokarz
4,381,914 A 5/1983 Ferguson
4,386,904 A
5,690,484 A
6,068,472 A
6,444,156 B1
6,921,260 B2
7,568,913 B2
D644,359 s >I<
D644,360 s *
6/1983 Miyahara eta!.
1111997 Leonard eta!.
5/2000 Freeman et .al.
9/2002 Schwruz et al.
7/2005 Garnys
8/2009 Decker et al.
8/20 ll Decker .. .. ... ... .. .. ...... .. .... .. D26/6
8/20 ll Decker .... ...... .... ...... .. .... .. D26/6
2004/0009447 A1
2005/0037308 A1
1/2004 Decker
2/2005 Decker
FR
FR
FR
FR
FOREIGN PATENT DOCUMENTS
2639356 A1
2725372 A1
2726573 A1
2811676 A1
5/1990
4/1996
5/1996
1/2002
~ cited by examiner
Primary Examiner - Marcus Jackson
(74) Attorney, Agent, or Firm- The Webb Law Firm
(57) CLAIM
The ornamental design for a candle having a two-piece
wooden wick, as shown and described.
DESCRIPTION
FIG. 1 is a perspective view of an embodiment of a candle
having a two-piece wooden wick;
FIG. 2 is a front elevation view thereof;
FIG. 3 is a back elevation view thereof;
FIG. 4 is a right side elevation view thereof;
FIG. 5 is a left side elevation view thereof;
FJG. 6 is top plan view thereof;
FIG. 7 is a perspective view of another embodiment of a
candle having a two-piece wooden wick;
FIG. 11 is a left side elevation view thereof; and,
FIG. 12 is top plan view thereof.
1 Claim, 6 Drawing Sheets
U.S. Patent
Jul. 10, 2012 Sheet 1 of 6
I II
,,
FIG.1
L ~ ~
I
,,
l
I .
FIG.2
I
US D663,450 S
. .. .
U.S. Patent Jul. 10, 2012 Sheet 2 of 6
US D663,450 S
i ~ 1.1
I
I
II
II
I
FIG.3
m
I
!
,,
II
r
I I
. . .
FIG.4
U.S. Patent
Jul. 10, 2012 Sheet 3 of 6
US D663,450 S
m
-
I
I
II
II
I
,,
FIG.S
FIG.6
U.S. Patent
Jul. 10, 2012 Sheet 4 of 6
US D663,450 S
FIG.7
FIG.S
U.S. Patent
Jul. 10, 2012 Sheet 5 of 6
US D663,450 S
FIG.9
FIG.10
U.S. Patent Jul. 10, 2012 Sheet 6 of 6 us 0663,450 s
FIG. 11
FIG. 12
PATENT NO.
APPLICATION NO.
DATED
INVENTOR(S)
UNITED STATES PATENT AND TRADEMARK OFFICE
CERTIFICATE OF CORRECTION
: D663,450 S
: 29/406500
: July 10, 2012
: Melynda S. Delcotto et al.
Page 1 of 1
It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:
Title Page of the Patent, Colunm 1, Item (62) Related U.S. Application Data, delete "Division of
application" and insert-- Continuation-in-part of application--
Title Page of the Patent, Colunm 1, Related U.S. Application Data, please insert-- Provisional
application No. 60/871,264, filed on Dec. 21, 2006. --
Signed and Sealed this
Eighth Day of January, 2013
~ ~ : ~ ' e : : r ,
David J. Kappos
Director of the United States Patent and Trademark Office
EXHIBITB
I IIIII 11111111 11111111111111111111111111111111111111 111111111111 II IIIII 1111
c12) United States Design Patent
Delcotto et al.
(54) CANDLE HAVING A WOODEN WICK
Hnntingdon, PA (US); Justin Damiani,
Youngwood, PA (US)
(**) Term: 14 Years
(21) Appl. No.: 29/406,504
(22) Filed: Nov. 15, 2011
(62) Division of application No. 12/002,819, filed on Dec.
19, 2007.
(51) LOC (9) Cl. .. ................................................ 26-04
(52) U.S. Cl . .......................................................... D26/6
(58) Field of Classification Search ............... D26/6-10;
431/288-292
See application file for complete search history.
(56) References Cited
U.S. PATENT DOCUMENTS
52,231 A
59,839 A
123,917 A
133,973 A
170,995 A
239,855 A
252,590 A
276,602 A
383,822 A
415,231 A
431,033 A
486,966 A
731,033 A
747,282 A
1/1866 Walton
II/ 1866 Hoard
2/1872 Ladd
12/1872 Everett
12/1875 Daniels
4/1881 Schneider
111882 Loper
5/1883 Kirk
5/1888 Mtmger
1111889 Walters
7/1890 Chapin
1111892 Eisinger
6/1903 Freeman
12/1903 Wallgren
D111,775 S *
2,570,841 A
3,582,251 A
3,652,197 A
10/1938 Seaver ............................. D26/6
10/1951 O'Connor
6/1971 Concannan
3/1972 Tokarz
I I
USOOD669615S
(10) Patent No.: US D669,615 S
** Oct. 23, 2012
(45) Date of Patent:
4,381,914 A
4,386,904 A
5,690,484 A
6,068,472 A
6,444,156 Bl
6,921,260 B2
7,568,913 B2
D644,359 S
5/1983 Ferguson
6/1983 Miyahara et al.
2004/0009447 AI
2005/0037308 AI
1111997 Leonard et al.
5/2000 Freeman et al.
9/2002 Schwarz et al.
7/2005 Garnys
8/2009 Decker et al.
8/20 II Decker
1/2004 Decker
2/2005 Decker
FR
FR
FR
FR
FOREIGN PATENT DOCUMENTS
2639356 AI
2725372 AI
2726573 AI
2811676 AI
5/1990
4/1996
5/1996
112002
* cited by examiner
Primary Examiner- Marcus Jackson
(74) Attorney, Agent, or Firm- The Webb Law Firm
(57) CLAIM
The ornamental design for a candle having a wooden wick, as
shown and described.
DESCRIPTION
FIG. 1 is a perspective view of an embodiment of a candle
having a wooden wick;
FIG. 5 is a left side elevation view thereof;
FIG. 6 is top plan view thereof;
FIG. 7 is a perspective view of another embodiment of a
candle having a wooden wick;
FIG. 11 is a left side elevation view thereof; and,
FIG. 12 is top plan view thereof.
1 Claim, 6 Drawing Sheets
U.S. Patent
Oct. 23, 2012 Sheet 1 of 6
US D669,615 S
I I
ll
FIG.1
,, r ~ . l l , . l
I
I
II
II
. .
I
FIG.2
U.S. Patent
Oct. 23, 2012 Sheet 2 of 6
US D669,615 S
1 l ll
I
I
,,
I
I
FIG.3
m
I
I
II
,,
I
I I
..
FIG.4
U.S. Patent Oct. 23, 2012 Sheet 3 of 6 US D669,615 S
m
I
I
II
II
I I J
FIG.S
FIG.6
FIG.7
FIG. a
U.S. Patent Oct. 23, 2012 Sheet 5 of 6
US D669,615 S
FIG.9
I I
~ /
lr
FIG.10
FIG.11
FIG.12
PATENT NO.
APPLICATION NO.
DATED
INVENTOR(S)
UNITED STATES PATENT AND TRADEMARK OFFICE
CERTIFICATE OF CORRECTION
: D669,615 S
: 29/406504
:October 23, 2012
: Melynda S. Delcotto et al.
Page 1 of 1
It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:
Title Page, Item (62) Related U.S. Application Data, Line 1, delete "Division of application" and
insert -- Continuation-in-Part of application--
Signed and Sealed this
Fifteenth Day of January, 2013
~ i # ~ ~ r
David J. Kappos
Director of the United States Patent and Trademark Office
EXHIBITC
111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
US 20120064467Al
(19) United States
c12) Patent Application Publication
Delcotto et al.
(10) Pub. No.: US 2012/0064467 A1
(43) Pub. Date: Mar. 15, 2012
(54) WOODEN WICKS INCLUDING A BOOSTER
FOR A CANDLE AND METHOD OF MAKING
Huntingdon, PA (US); Justin
Damiani, Youngwood, PA (US)
(21) Appl. No.: 13/296,629
(22) Filed: Nov.15, 2011
(63) Continuation-in-part of application No. 12/002,819,
filed on Dec. 19, 2007.
(60) Provisional application No. 60/871,264, filed on Dec.
21,2006.
10
Publication Classification
(51) Int. Cl.
F23D 3116 (2006.01)
B27D 1/00 (2006.01)
(52) U.S. Cl . .. .... ...... ............ .... ...... .... ... 431/288; 144/346
(57) ABSTRACT
A wooden wick for use in a wax candle comprising a strip of
predetermined wood having each of a first predetermined
length, a first predetermined width and a first predetermined
thickness. Such wick further includes a wood booster mem-
ber having each of a second predete1mined length, a second
predetermined width and a second predetermined thickness
adhered to the strip of wood.
12
14
Patent Application Publication Mar. 15, 2012 Sheet 1 of 4 US 2012/0064467 A1
12
10
\_
14
FIG.1
10
10
~
14
12
14
FIG.2
FIG.3
Patent Application Publication Mar. 15, 2012 Sheet 2 of 4
US 2012/0064467 Al
10
~
FIG.4
14
10
~
10
)
14
12
FIG.S
FIG.6
US 2012/0064467 A1
12
20
FIG.7
14
22
20
FIG.S
US 2012/0064467 A1
1.2
24
26
~
FIG.9
FIG.10
US 2012/0064467 AI
WOODEN WICKS INCLUDING A BOOSTER
CROSS REFERENCE TO RELATED
APPLICATIONS
[0001] This application is a Continuation-in-Part of U.S.
patent application Ser. No. 12/002,819, filed Dec. 19, 2007,
entitled Wooden Wicks Including a Booster for a Candle and
Method of Making, which is related to U.S. Provisional
Patent Application No. 60/871,264, filed Dec. 21,2006, both
of which are incorporatedherein by reference in their entirety.
BACKGROUND OF THE INVENTION
[0002] I. Field of the Invention
[0003] The present invention relates, in general, to wicks
for candles and, more particularly, tllis invention relates to a
wooden wick equipped with a booster for a candle and to a
method of making such wooden wick.
[0004] 2. Description of Related Art
[0005] Prior to the conception and development of the
present invention, as is generally well-known in the prior art,
candles and wicks which are lit to provide a flame and which
melts the wax surrounding such wicks have been in existence
and commercially available for many years.
[0006] These prior art type wicks have normally been pro-
duced from a cloth fiber and are embedded into an appropriate
portion of the wax, generally in the center, forming the
candle. Wicks formed from pieces of wood have also been
used; however, these wooden wicks have been formed as a
single piece of wood which has a number of distinct disad-
vantages.
[0007] One particular disadvantage of these prior art type
wooden wicks is that they are not attractive. Another impor-
tant disadvantage of the prior art wooden wicks is that they
have less than ideal bum qualities (e.g., smoke and soot
emitted, inconsistent burning of wick, inconsistent wax burn-
ing, etc.).
SUMMARY OF THE INVENTION
[0008] The present invention provides, in a first aspect, a
wooden wick for use in a wax candle. This wooden wick
includes a strip of a predetermined wood having each of a first
predetermined length, a first predeternlined width and a first
predetermined thickness. Such wick further includes a
booster member having each of a second predeternlined
length, a second predetermined width and a second predeter-
mined thickness and a means for adhering the booster mem-
ber to such strip of wood. The booster member can be con-
stmcted from wood to form a strip of wood.
[0009] In a second aspect, the present invention provides a
method of manufacturing a wooden wick for use in a wax
candle. The method includes the steps of selecting a type of
wood to be formed into a strip of wood to be used in the
wooden wick. Thereafter, cutting such wood selected into a
strip having each of a first predetermined length, a first pre-
determined width and a first predetermined thickness.
[001 0] The method includes the steps of selecting a type of
wood to be formed into a strip of wood to be used ina booster
member, then cutting such wood selected into such strip
having each of a first predetermined length, a first predeter-
mined width and a first predetermined thickness and adhering
such booster member to the strip of wood forming the wick.
1
Mar. 15, 2012
[0011] Preferably, the wicks and booster are constmcted of
all natural components. The booster is a very important part of
the wick, which enables the wick to burn in natural candle
wax. A single piece of wood will not bum well in natural wax.
Also an untreated wood will not bum consistently through a
natural wax. Natural waxes should be considered as any
waxes derived from animal or plant sources. Preferably a
vegetable wax, such as soy wax, jojoba wax, bayberry wax,
candelilla wax, carnauba wax, castor wax or a combination
thereof, is used.
[0012] An important benefit to having two wood pieces as
a wick is that this allows for optimization ofthe wick's burn-
ing properties by selecting different sizes and species of wood
for the wick and booster components. The wood can be any
combination of species depending on the heat output that is
desired. Cherry, oak, birch, maple, balsa, and rosewood spe-
cies are examples of woods that could be used in constmcting
the wick.
[0013] The wood is cut into sheets or strips of a desired
thickness. Once cut, the wood of the wick and the booster are
treated. The wood is sprayed with a coating of a solution of
soy oil, salt water and vinegar. In a specific example, a solu-
tion of 60% soy oil, 30% salt water and 10% white distilled
vinegar is effectively used. The soy oil aids in a consistent
bum of the wick. Wllile the salt water aids in increasing the
moisture content of the wick. The vinegar acts a natural
anti-fi.mgal to prevent fouling of the wick during storage and
shipping.
[0014] After treatment with the above solution the wood is
then placed into a plastic bag and placed into a vacuum to pull
the solution into the wood. The wood may be maintained in a
vacuum for several hours to several days to fully pull the
solution into the wood. When the wood is removed from the
vacuum it may be cut fi.uther into the desired sizes. The
booster is then glued to the base piece with an all natural
vegetable glue, the .glue is applied in an S pattern, this allows
the booster to act as a chimney for the steam that is created by
the additional water in the solution that was infi.1sed into the
wood, while the soy oil assures that the wood will be able to
bum hot enough to melt natural candle waxes. The glue or
adhesive could be applied in other patterns or in place, of or in
combination with, other glue application patterns. While an S
pattern has been found to be very effective in regard to wick
performance and manufacturing efficiency, other patterns
that allow for a chimney effect to occur and keep the wick
components closely bound could also be effective.
[0015] After treatment with the above solution the wood is
then placed into a plastic bag and placed into a vacuum to pull
the solution into the wood. The wood may be maintained in a
vacuum for several hours to several days to fi.J!ly pull the
solution in the wood. When the wood is removed from the
vacuum it may be cut further into the desired sizes. The
booster is then glued to the base piece with a all natural
vegetable .glue, the glue is applied in a S pattern, this allows
the booster to act as a chimney for the steam that is created by
the additional water in the solution that was infi.1sed into the
wood, while the soy oil assures that the wood will be able to
bum hot enough to melt natural candle waxes. The glue or
adhesive could be applied in other patterns or in place of or in
combination with other glue application patterns. While an S
pattern has been found to be very effective in regard to wick
performance and manufacturing efficiency, other patterns
that allow for a chimney effect to occur and keep the wick
components closely bound could also be effective.
US 2012/0064467 A1
[ 0016] Once the glue is applied to the wood pieces, they can
be placed on presser boards to dry and keep the wood fiat.
Low heat is applied to assist in the drying process of the wood
wicks. An oil is then applied, preferably by spraying, to the
wood pieces of the wick. Preferably a vegetable oil such as
soy oil is used, but other oil or wax formulations could be used
if they have the needed bum qualities. The wood is then
wrapped in a plastic wrap or the like to protect the moisture
level of the wicks.
[0017] Once constmcted the wicks can be used as a wick in
a candle by embedding the wick into wax, preferably a veg-
etable wax. When burning the wick of the present invention,
the two pieces of wood separate slightly to create a chimney
effect. The two wooden pieces should be attached to ensure
the two pieces of wood stay close to each other. Otherwise, if
the two pieces warp and separate, the result is two separate out
of control flames.
[0018] The present invention provides, in a second aspect,
a method of manufacturing a wooden wick for use in a wax
candle. The method includes selecting a type of wood to be
formed into a strip of wood to be used in such wooden wick,
then cutting the wood selected into such strip having each of
a first predetermined length, a first predetermined width and
a first predetermined thickness.
[0019] Additionally, the method includes forming a booster
member having each of a second predetermined length, a
second predetermined width and a second predetermined
thickness and then adhering such booster member to such
strip of wood. Preferably, an adhesive is selected for adhering
the booster member to such strip of wood.
[0020] In the preferred embodiment, such method further
includes an additional step of ensuring that the strip of wood
is clean before such strip of wood is adhered to the booster
member, and further that such strip of wood is treated with a
liquid wax and that the wooden wick is cured, preferably by
baking, prior to use in such candle. It is further preferred that
the booster member be soaked in a soy oil prior to adhering it
to said strip of wood. Thereafter, said booster member is
coated with a wax type material.
[0021] Additionally, the method includes an additional step
of drying the wooden wick for a predetermined time, gener-
ally for about 48.0 hours, prior to use in such candle.
[0022] The wooden wick further includes a coloring agent
to stain the wooden strip for enhancing a visual appearm1ce
thereof Preferably, such coloring agent is a vegetable type
coloring agent.
OBJECTS OF THE INVENTION
[0023] It is, therefore, one of the primary objects of the
present invention to provide an improved wooden wick for
use in a wax candle.
[0024] Another object of the present invention is to provide
a method of producing such wooden wick.
[0025] Still, another object of the present invention is to
provide a wooden wick for use in a wax candle which is
relatively inexpensive to produce.
[0026] Yet another object of the present invention is to
provide a wooden wick for a wax candle which has enhanced
visual appeal.
[0027] An additional object of the present invention is to
provide a method of producing a wooden wick for a wax
candle which will exhibit enhanced bum qualities.
[0028] In addition to the various objects and advantages of
the present invention described with some degree of specific-
2
Mar. 15, 2012
ity above, it should be obvious that additional objects and
advantages of the present invention will become more readily
apparent to those persons who are skilled in the relevant art
from the following more detailed description of the invention,
particularly, when such description is taken in conjunction
with the attached drawing figures and with tl1e appended
claims.
BRIEF DESCRIPTION OF THE DRAWINGS
[0029] FIG. 1 is a plan view of a wooden wick according to
an embodiment of the invention;
[0030] FIG. 2 is a perspective view of a wooden wick
according to an embodiment of the invention;
[0031] FIG. 3 is a profile view of a wooden wick according
to an embodiment of tl1e invention;
another embodiment of the invention;
[0033] FIG. 5 is a perspective view of a wooden wick
according to another embodiment of the invention;
[0034] FIG. 6 is a profile view of a wooden wick according
to another embodiment of the invention;
another embodiment ofthe invention with adhesive applied in
an S pattern;
another embodiment ofthe invention with adhesive applied in
an S pattern and booster member ready to receive the wooden
wick;
[0037] FIG. 9 is a perspective view of a candle comprising
a wooden wick with a booster member; and
[0038] FIG. 10 is a close-up profile view of a portion of the
wooden wick with a booster member showing airflow while
burning the wick.
BRIEF DESCRIPTION OF THE INVENTION
[0039] Prior to proceeding to the more detailed description
of tl1e present invention it should be noted that, for the sake of
clarity and understanding, identical components which have
identical functions have been identified with identical refer-
ence numerals throughout the several views iiiustrated in the
drawing figures.
[0040] Reference is now made, more particularly, to FIGS.
1-3 which show an embodiment of the wick of the present
invention. Illustrated therein is a wooden wick, generally
designated 10, for use in a wax cm1dle (not shown). The
wooden wick 10 includes a strip of a predetermined wood 12
mined width and a first predetermined thickness. Further, the
wooden wick, according to the present invention, includes a
booster member 14 having each of a second predetermined
mined thiclmess.
4-6 which show an embodiment of the wick of the present
invention. Illustrated therein is a wooden wick, generally
designated 10, for use in a wax cm1dle (not shown). The
wooden wick 10 includes a strip of a predetermined wood 12
mined width and a first predetennined thickness. Further, the
wooden wick, according to the present invention, includes a
booster member 14 having each of a second predetermined
mined thiclmess.
US 2012/0064467 AI
[ 0042] In one embodiment of the invention, the first prede-
termined length of such strip of wood 12 will generally be
between about 4.375 and about 5.125 inches. In this embodi-
ment, the first predetermined width of the strip of wood 12
will generally be between about 0.70 inch and about 0.80
inch. In one embodiment of the invention, the second prede-
termined length of such booster member 14 will generally be
between about 3.45 and about 3.55 inches, and the second
predetermined width ofthe booster member 14 will generally
be between about 0.70 inch and about 0.80 inch. Fmther, in
this embodiment such first and second predetermined thick-
ness will be substantially identical.
7 and 8 which show an embodiment ofthe wick of the present
invention in the assembly process. The strip of wood 12
comprises a means for adhering the booster member 14 to
such strip of wood 12. Such means is preferably an adhesive
20.Adhesive20 is preferably appliedinanS pattern as shown
in FIGS. 7 and 8. The strip of wood 12 is then mated with
booster member 14 as directed by directional arrow 22. Tins
configuration has been shown to keep the strip of wood 12 and
booster member 14 closely bound to each other while still
allowing gases, steam and air to move between the strip of
wood 12 and booster member 14. Other means for adhering
the booster member to a strip of wood 12 could comprise at
least one fastener, clip, band, rivet, epoxy, cement, or the like.
[0044] Reference is now made to FIG. 9 which shows the
wick 10 embedded in wax 24 to create candle 26.
[0045] Reference is now made to FIG.10 which shows the
wick 10 with directional arrows 28 which indicate the general
direction of air and gas movement while the wick 10 is burn-
ing. The chimney effect of the wick 10 has a significant effect
on the efficient burning ofthe wick 10 and the candle 26 as a
whole. The extent of the peeling away between the wood strip
12 and booster member 14 is exaggerated in this drawing for
illustrative purposes.
[0046] While presently preferred and various alternative
embodiments of the present invention have been described in
sufficient detail above to enable a person skilled in the rel-
evant art to make and use the same, it should be obvious that
various other adaptations and modifications can be envi-
sioned by those persons skilled in such art without departing
from either the spirit of the invention or the scope of the
appended claims.
The invention claimed is:
1. A wooden wick for use in a wax candle, said wooden
wick comprising: (a) a planar strip of a predetermined wood
nlined width and a first predeternlined thickness; (b) a planar
booster member having each of a second predeternlined
mined thickness; and (c) means for adhering said planar
booster member to said strip of wood, wherein said planar
strip of wood is adhered to said planar booster member to
form the wooden wick.
2. A wooden wick according to claim 1, wherein said
means for adhering said booster member to said strip of wood
is an adl1esive.
3. A wooden wick according to claim 1, wherein at least
one of the planar strips of a predetermined wood and the
planar booster member are treated with a vinegar solution.
3
Mar. 15, 2012
planar booster member are treated with a vegetable oil solu-
tion.
planar booster member are treated with a salt water solution.
6. A wooden wick according to claim 1, wherein said first
and said second predetermined thickness are substantially
identical.
7. A wooden wick according to claim 1, wherein said
is an adhesive deposited in an S pattern between said planar
strip of a predetermined wood and planar booster member.
planar booster member are treated with a solution comprising
a vegetable oil, a vinegar, and a salt water solution.
9. A wooden wick according to claim 8, further comprising
a wax wherein said wick is embedded in said wax to form a
candle.
10. A method of manufacturing a wooden wick for use in a
wax candle, said method comprising the steps of: (a) selecting
a type of wood to be formed into a strip of wood to be used in
said wooden wick; (b) cutting said wood selected in step (a)
into said strip having each of a first predeternlined length, a
first predetermined width and a first predetermined thickness;
(c) fornling a booster member having each of a second pre-
determined length, a second predetermined width and a sec-
ond predeternlined thickness; and (d) adhering said booster
member to said strip of wood.
11. A method of manufacturing a wooden wick according
to claim 10, wherein step (d) includes selecting a suitable
adhesive for adhering said booster member to said strip of
wood.
to claim 10, wherein said method further includes an addi-
tional step of ensuring said strip of wood is clean before said
strip of wood is adhered to said booster member.
13. A method of manufactlll'lng a wooden wick according
tional step of treating said strip of wood with a solution
comprising a vegetable oil, a vinegar, and a salt water solu-
tion.
tional step of curing said wooden wick prior to use in such
candle.
to claim 14, wherein said additional step of curing said
wooden wick prior to use in such candle includes a step of
baking.
tional step of drying said wooden wick for a predetermined
time prior to use in such candle.
to claim 16, wherein said predetermined time is generally
about 48.0 hours.
to claim 16, wherein said method includes the additional step
US 2012/0064467 A1
of soaking said wooden member ina soy oil in a vacuum prior
to assembly.
of providing a wax, wherein said wick is embedded in said
wax to form a candle.
4
Mar. 15, 2012
wood and applying said adhesive in an S pattern to adhere the
booster member to said strip of wood.
EXHIBITD
111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
US 20080153046Al
(19) United States
c12) Patent Application Publication
Delcotto et al.
(10) Pub. No.: US 2008/0153046 Al
(43) Pub. Date: Jun. 26, 2008
(54) WOODEN WICKS INCLUDING A BOOSTER
FORA CANDLE AND METHOD OF MAKING
Huntingdon, PA (US); Justin
Damiani, Youngwood, PA (US)
Correspondence Address:
JAMES RAY & ASSOCIATES
2640 PITCAIRN ROAD
MONROEVILLE, PA 15146
(21) Appl. No.: 12/002,819
(22) Filed: Dec.19, 2007
/(p
(60) Provisional application No. 60/871,264, filed on Dec.
21,2006.
Publication Classification
(51) Int.Cl.
CllC 5100 (2006.01)
B27M 3/00 (2006.01)
(52) U.S. Cl ................. : .......... 431/288; 144/350; 144/348
(57) ABSTRACT
A wooden wick for use in a wax candle comprising a strip of
a predetermined wood having each of a first predetermined
length, a first predetermined width and a first predetermined
thickness. Such wick :fhrther includes a booster member hav-
ing each of a second predetermined length, a second prede-
tetmined width and a second predetermined thickness
adhered to the strip of wood.
7 Z II
Patent Application Publication
zo
12..
Jun.26,2008
FIG. I
~ I G . 2
F"IG. 3
14
f.
. I
/0
/
US 2008/0153046 Al
12 zur>))Y/')r'>)?>>'))))!z zz zt
I& FIG. 4
US 2008/0153046 A1
WOODEN WICKS INCLUDING A BOOSTER
CROSS REFERENCE TO RELATED
APPLICATION
[0001] This patent application is related to and claims pri-
ority from U.S. Provisional Patent Application Ser. No.
60/871,264 filed Dec. 21,2006.
FIELD OF THE INVENTION
[0002] The present invention relates, in general, to wicks
for candles and, more particularly, this invention relates to a
wooden wick equipped with a booster for a candle and to a
method of making such wooden wick.
BACKGROUND OF THE INVENTION
[0003] Prior to the conception and development of the
present invention, as is generally well known in the prior art,
candles and wicks which are lit to provide a flame and which
melts the wax surrounding such wick have been in existence
and commercially available for many years.
[0004] These prior art type wicks have normally been pro-
duced from a cloth fiber and are embedded into an appropriate
portion of the wax, generally in the center, forming the
candle. Wicks formed from pieces of wood have also been
used, however, these wooden wicks have been formed as a
single piece of wood which has a munber of distinct disad-
vantages.
[0005] One particular disadvantage of these prior art type
wooden wicks is that they are not attractive. Another impor-
tant disadvantage of the prior art wooden wicks is that they do
not come equipped with a booster.
SUMMARY OF THE INVENTION
[0006] The present invention provides, in a first aspect, a
wooden wick for use in a wax candle. This wooden wick
includes a strip of a predetermined wood having each of a first
predetermined length, a first predetermined width and a first
predetermined thickness. Such wick fi.Jrther includes a
booster member having each of a second predetermined
mined thickness and a means for adhering the booster mem-
ber to such strip of wood.
[0007] In a second aspect, the present invention provides a
candle. The method includes the steps of selecting a type of
wood to be fom1ed into a strip of wood to be used in the
wooden wick. Thereafter, cutting such wood selected into
such strip having each of a first predetermined length, a first
predetermined width and a first predetermined thickness.
[0008] The method further includes forming a booster
thickness and adhering such booster member to the strip of
wood.
OBJECTS OF THE INVENTION
[0009] It is, therefore, one of the primary objects of the
present invention to provide an improved wooden wick for
use in a wax type candle.
[0010] Another object of the present invention is to provide
a method of producing such wooden wick.
1
Jun. 26, 2008
[0011] Still another object of the present invention is to
provide a wooden wick for use in a wax candle which is
relatively inexpensive to produce.
[0012] Yet another object of the present invention is to
provide a wooden wick for a wax candle which has enhanced
visual appeal.
[0013] An additional object of the present invention is to
provide a method of producing a wooden wick for a wax
candle which will exhibit enhanced visual appeal.
[0014] In addition to the various objects and advantages of
the present invention described with some degree of specific-
ity above it should be obvious that additional objects and
advantages of the present invention will become more readily
apparent to those persons who are skilled in the relevant art
from the following more detailed description of the invention,
particularly, when such description is taken in conjunction
with the attached drawing figures and with the appended
claims.
BRIEF DESCRIPTION OF THE DRAWINGS
[0015] FIG. 1 is a plan view of the wood portion of the
wooden wick according to a presently preferred embodiment
of the invention;
[0016] FIG. 2 is a plan view of the booster portion for use
with the wooden wick illustrated in FIG. 1 according to the
presently preferred embodiment of the invention;
[0017] FIG. 3 is a plan view of the wooden wick illustrating
the wooden portion illustrated in FIG. 1 adhered to the
booster portion illustrated in FIG. 2 according to the presently
preferred embodiment of the invention; and
[0018] FIG. 4 is a cross sectional view taken along the lines
iv-iv of FIG. 3.
BRIEF DESCRIPTION OF A PRESENTLY
PREFERRED AND VARIOUS ALTERNATIVE
EMBODIMENTS OF THE INVENTION
[0019] Prior to proceeding to the more detailed description
of the present invention it should be noted that, for the sake of
clarity and understanding, identical components which have
identical functions have been identified with identical refer-
ence nUlllcrals throughout the several views illustrated in the
drawing figures.
1-4. Illustrated therein is a wooden wick, generally desig-
nated 10, for use in a wax candle (not shown). The wooden
wick 10 includes a strip of a predetermined wood 12 having
each of a first predetermined length, a first predetermined
width and a first predetermined thickness. In the presently
preferred embodiment of the invention, the first predeter-
mined length of such strip of wood 12 will generally be
between about 4.375 and about 5.125 inches. In this embodi-
ment, the first predetermined width of the strip of wood 12
will generally be between about 0.70 inch and about 0.80
inch.
[0021] Further, the wooden wick, according to the present
invention, includes a booster member 14 having each of a
second predetermined length, a second predetermined width
and a second predetermined thickness and a means, generally
designated 20, for adhering the booster member 14 to such
strip of wood 12. Such means 20 is preferably an adhesive
layer 16.
[0022] In the presently preferred embodiment of the inven-
tion, the second predetermined length of such booster mem-
US 2008/0153046 Al
ber 14 will generally be between about 3.45 and about 3.55
inches and the second predetermined width of the booster
member 14 will generally be between about 0.70 inch and
about 0.80 inch. Further, in this embodiment such first and
second predetermined thickness will be substantially identi-
cal.
(0023] The wooden wick 10 fi.Jrther includes a coloring
agent to stain the wooden strip 12 for enhancing a visual
appearance thereof. Preferably, such coloring agent is a veg-
etable type coloring agent.
(0024] The present invention provides, in a second aspect a
candle. The method includes selecting a type of wood to be
formed into a strip of wood to be used in such wooden wick.
Then, cutting the wood selected into such strip having each of
a first predetermined length, a first predetermined width and
a first predetermined thickness.
[ 0025] Additionally, the method includes forming a booster
thickness and then adhering such booster member to such
strip of wood. Preferably, an adhesive is selected for adhering
the booster member to such strip of wood.
(0026] In the preferred embodiment, such method further
includes an addition step of ensuring that the strip of wood is
clean before such strip of wood is adhered to the booster
member and further that such strip of wood is treated with a
liquid wax and that the wooden wick is cured, preferably by
baking, prior to use in such candle. It is fi.Jrther preferred that
the booster member be soaked in a soy oil prior to adhering it
to said strip of wood. Thereafter said booster member is
coated with a wax type material.
(0027] Additionally, the method includes an additional step
of drying the wooden wick for a predetermined time generally
for about 48.0 hours, prior to use in such candle.
(0028] While a presently preferred and various alternative
embodiments of the present invention have been described in
sufficient detail above to enable a person skilled in the rel-
evant art to make and use the same it should be obvious that
various other adaptations and modifications can be envi-
sioned by those persons skilled in such art without departing
from either the spirit of the invention or the scope of the
appended claims.
I claim:
1. A wooden wick for use in a wax candle, said wooden
wick comprising:
(a) a strip of a predetermined wood having each of a first
predetermined length, a first predetermined width and a
first predetermined thickness;
(b) a booster member having each of a second predeter-
mined length, a second predetermined width and a sec-
ond predetermined thickness; and
(c) means for adhering said booster member to said strip of
wood.
2. A wooden wick, according to claim1, wherein said first
predetermined length of said strip of wood is generally
between about 4.375 and about 5.125 inches.
3. A wooden wick, according to claim1, wherein said first
predetermined width of said strip of wood is generally
between about 0.70 inch and about 0.80 inch.
2
Jun.26,2008
4. A wooden wick, according to claim 1, wherein said
second predetermined length of said booster member is gen-
erally between about 3.45 and about 3.55 inches.
second predetermined width of said booster member is gen-
erally between about 0.70 inch and about 0.80 inch.
6. A wooden wick, according to claim 1, wherein said first
and said second predetermined thickness are substantially
identical.
is an adhesive.
wooden wick further includes coloring agent to stain said
wood for enhancing a visual appearance thereof.
coloring agent is a vegetable coloring agent.
10. A method of manufacturing a wooden wick for use in a
wax candle, said method comprising the steps of:
(a) selecting a type of wood to be fonned into a strip of
wood to be used in said wooden wick;
(b) cutting said wood selected in step (a) into said strip
having each of a first predetermined length, a first pre-
determined width and a first predetermined thickness;
(c) forming a booster member having each of a second
predetermined length, a second predetermined width
and a second predetermined thickness; and
(d) adhering said booster member to said strip of wood.
11. A method of manufacturing a wooden wick, according
wood.
to claim 10, wherein said method further includes an addition
step of ensuring said strip of wood is clean before strip of
wood is adhered to said booster member.
to claim 10, wherein said method fi.Jrther includes an addi-
tional step of treating said strip of wood with a liquid wax.
to claim 10, wherein said method fi.Jrther includes an addi-
tional step of curing said wooden wick prior to use in such
candle.
to claim 14, wherein said additional step of curing said
wooden wick prior to use in such candle includes a step of
baking.
to claim 10, wherein said method fi.1rther includes an addi-
tional step of drying said wooden wick for a predetermined
time prior to use in such candle.
to claim 16, wherein said predetermined time is generally
about 48.0 hours.
of soaking said woodenmemberin a soy oil prior to assembly.
* * * * *
JS 44 (Rev. 12/ 12)
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I. (a) PLAINTIFFS
Dream Wick, Inc.
DEFENDANTS
Root Candles
(b) County of Residence of First Listed Plaintiff Westmoreland County of Residence of First Listed Defendant _,M"""e,_.,d._.,in,_,a.,_______ _
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: INLAND CONDEMNATION CASES, USE THE LOCATION OF
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{c) Attorneys (Firm Name, Address, and Telephone
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VI. CAUSE OF ACTION
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DATE
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Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of
said counties.
3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in __ - - - - - - - - -
. County and that the resides in County.
4. Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose in
___________________ County and that the. ______________ resides in ____________________ County.
PART B (You are to check ONE of the following)
1. 0
This case is related to Number __________________ . Short Caption ____________________ __
2. 0 This case is not related to a pending or terminated case.
DEFINITIONS OF RELATED CASES:
CIVIL: Civil cases are deemed related when a case filed relates to property included in
another suit or involves the same issues of fact or it grows out of the same transactions
as another suit or involves the validity or infringement of a patent involved in another
suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership
groups which will lend themselves to consolidation for trial shall be deemed related.
HABEAS CORPUS & CIVIL RIGHTS: All habeas corpus petitions filed by the same individual
shall be deemed related. All pro se Civil Rights actions by the same individual shall be
deemed related.
PARTC
I. CIVIL
1.0
2. 0
3. 0
4. 0
5. 0
6. 0
7. 0
s.o
9. 0
10.0
CATEGORY (Place x in only applicable category) .
Antitrust and Securities Act Cases
Labor-Management Relations
Habeas corpus
Civil Rights
Patent, Copyright, and Trademark
Eminent Domain
All other federal question cases
All personal and property damage tort cases, including maritime, FELA,
Jones Act, Motor vehicle, products liability, assault, defamation, malicious
prosecution, and false arrest
Insurance indemnity, contract and other diversity cases.
Government Collection Cases (shall include HEW Student Loans (Education),
V A Overpayment, Overpayment of Social Security, Enlistment
Overpayment (Army, Navy, etc.) , HUD Loans, GAO Loans (Mise. Types),
Mortgage Foreclosures, SBA Loans, Civil Penalties and Coal Mine
Penalty and Reclamation Fees.)
I certify that to the best of my knowledge the entries on this Case Designation
Sheet are true and correct
Date:
ATTORNEY AT LAW
NOTE: ALL SECTIONS OF BOTH FORMS MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.
JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the infonnation contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This fmm, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a govemment agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a gover11111ent agency, identifY first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attomey of record. If there are several attomeys, list them on an attachment, noting
in this section "(see attaclunent)".
II. Jul'isdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which reqnires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers ofthe United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. ( 4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Pl'incipal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mal'k this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cmmot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more tl1an
one nature of suit, select the most defmitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed fiom State Court. (2) Proceedings initiated in state comis may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is grm1ted, check this box.
Remm1ded fiom Appellate Court. (3) Check this box for cases remanded to the district comi for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. ( 4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation trm1sfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transfened into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Repoti the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate otl1er demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, inseti the docket
numbers and the cot1'espondingjudge nmnes for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Dream Wick v. Root Candle - Complaint

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IN THE UNITED STATES DISTRICT COURT

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