Dream Wick is the owner of all right, title, and interest in United States PatentNos. D663,450 S (hereinafter, “the ‘450 Patent”) and D669,615 S (hereinafter, “the ‘615Patent”). True and correct copies of the ‘450 Patent and the ‘615 Patent are attached hereto asExhibit A and Exhibit B, respectively.5.
Dream Wick is also the owner of all right, title, and interest in United StatesPatent Application Publication Nos. 2012/0064467 A1 (herein after “the ‘467 PatentApplication”) and 2008/0153046 A1(herein after “the ‘046 Patent Application”). True andcorrect copies of the ‘467 Patent Application and the ‘046 Patent Application are attached heretoas Exhibit C and Exhibit D.6.
Root Candles manufactures and sells candles having a wooden wick and having atwo piece wooden wick.7.
Root Candles advertises candles having a wooden wick and/or having a two piecewooden 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, regularlyconducts business in this District, and has offered for sale and sold candles having a woodenwick and/or having a two piece wooden wick in this District, including at least its SeekingBalance 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 tocease its infringement. This infringing activity causes injury to Dream Wick in this District andsubjects Root to personal jurisdiction in this judicial district.
Case 2:13-cv-01328-TFM Document 1 Filed 09/11/13 Page 2 of 7