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Dream Wick v. Root Candle - Complaint

Dream Wick v. Root Candle - Complaint

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Published by slburstein
Dream Wick v. Root Candle - Complaint
Dream Wick v. Root Candle - Complaint

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Published by: slburstein on Sep 16, 2013
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10/22/2013

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1
IN THE UNITED STATES DISTRICT COURTFOR 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 undersignedcounsel, 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 awooden wick for use in a wax candle.2.
 
Upon information and belief, Root Candles is an Ohio corporation and has a placeof 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 28U.S.C. §§ 1331 and 1338.
Case 2:13-cv-01328-TFM Document 1 Filed 09/11/13 Page 1 of 7
 
24.
 
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
 
310.
 
Venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b) because Root Candlesis subject to personal jurisdiction in this District. Upon information and belief, Root Candlesadvertises, offers to sell, and sells candles having a wooden wick and/or having a two piecewooden wick in this District, Root Candles’ website is viewable in this District, and harm fromRoot 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 andTrademark Office on October 23, 2012 and claims an ornamental design for a candle having awooden wick.12.
 
The ‘450 Patent was duly and legally granted by the United States Patent andTrademark 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 candleswith 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 andTrademark Office on March 15, 2012 and claims wooden wicks including a booster for a candleand a method of making the same.15.
 
The ‘046 Patent Application was published by the United States Patent andTrademark Office on June 26, 2008 and claims wooden wicks including a booster for a candleand a method of making the same.
Case 2:13-cv-01328-TFM Document 1 Filed 09/11/13 Page 3 of 7

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