Parkway, Conyers, Georgia 30013. On information and belief, Pratt also has facilities in Dayton, New Jersey at 200 Dock Corner Road, Suite 270 and also in Totowa, New Jersey at 11 Commerce Way, Unit C.
NATURE OF THIS ACTION
This is an action for (i) patent infringement in violation of the United States patent laws, 35 U.S.C. § 101
, (ii) trade dress infringement in violation of the Lanham Act, 15 U.S.C. § 1051
, and (iii) violations of the statutory and common law of the State of New Jersey, including N.J.S.A. § 56:4-1
, arising out of and based on Pratt’s ongoing promotion, distribution and sale of stretch wrap film dispenser products that infringe the Plaintiff’s intellectual property rights. 4.
By this action, Broadway Holdings I, LLC seeks to put a stop to Pratt’s illegal conduct and obtain monetary damages and injunctive relief.
JURISDICTION, VENUE AND JOINDER
This Court has subject matter jurisdiction under 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 1338 (patent and trademark laws), and 28 U.S.C. §1367 (supplemental jurisdiction over the Plaintiff’s state law claims). 6.
This Court has personal jurisdiction over Pratt because Pratt has committed and continues to commit acts that give rise to the claims in this action, and places infringing products into the stream of commerce with the knowledge or understanding that such products are sold in the State of New Jersey. Further, on information and belief, Pratt maintains and operates facilities in the State of New Jersey, and thus is a resident of the State of New Jersey. 7.
Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b), 1391(c) and/or 1400(b) because (i) Pratt conducts business and is subject to personal jurisdiction in this District