3 market success for snoozies!
because of the distinctive and unique design of the snoozies!
Since the fall of 2008, snoozies!
have been offered for sale in many retail outlets and specialty retailers throughout North Carolina and in a number of different states. 9.
BDI has promoted and advertised snoozies!
products in various trade publications and at trade shows that publicize and promote the sale of such retail soft goods. 10.
On August 18, 2009, United States Design Patent No. D598,183 (the “’183 Patent”), directed to the ornamental appearance of a slipper, was duly and legally issued by the United States Patent and Trademark Office. A copy of the ’183 Patent is attached as Exhibit A. 11.
On December 22, 2009, Marshall P. Bank, the sole inventor of the ’183 Patent, assigned all rights in the ’183 Patent to BDI. Since that date, BDI has been, and still is, the owner of the ’183 Patent. 12.
BDI is the exclusive authorized manufacturer and distributor of products embodying the design of the ’183 Patent in the retail market in the United States.
BDI’S CONTACT WITH BIG LOTS AND BIG LOTS’ INFRINGEMENT
In June of 2013, Big Lots contacted BDI and inquired about selling snoozies!
in Big Lots stores. BDI declined to enter into any contract with Big Lots or otherwise authorize the sale of snoozies!
in Big Lots stores. 14.
Between June of 2013 and October of 2013, BDI did not have any additional communication with Big Lots.
Case 5:13-cv-00818-FL Document 1 Filed 11/26/13 Page 3 of 11