- 1 -IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISIONTHE CANDY WRAPPERS, L.L.C.,A Texas Limited Liability Company,Plaintiff,v.I LOVE CHICAGO, INC.,An Illinois Corporation,Defendant.

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Civil Action No. 4:11-cv-00930

ORIGINAL COMPLAINT FOR TRADEMARK INFRINGEMENT AND UNFAIRCOMPETITION AND JURY DEMAND

Plaintiff, THE CANDY WRAPPERS, L.L.C. (“CANDY WRAPPERS”), for its complaintagainst Defendant, I LOVE CHICAGO, INC. (“Defendant”), states and alleges as follows:

Introduction

CANDY WRAPPERS is a small business offering candy and candy products online and inretail candy stores under the mark CANDYLICIOUS®. Since its inception, CANDYWRAPPERS has created a national identity with the CANDYLICIOUS® mark, and has beenfeatured in such national media outlets as the Food Network® television network. Recently,Defendant began offering candy in retail stores using the name ICANDYLICIOUS.

A. Parties

THE CANDY WRAPPERS, L.L.C. is a Texas Limited Liability Company with itsprinciple place of business in Houston, Texas.

Case 4:11-cv-00930 Document 1 Filed in TXSD on 03/14/11 Page 1 of 7

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I LOVE CHICAGO, INC. is an Illinois Corporation with its principle place of business inChicago, Illinois.

B. Jurisdiction

This is a complaint for Trademark Infringement and Unfair Competition arising under §§32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114 (Trademark Infringement) and 1125(Unfair Competition).4.

Because this action arises from the Lanham Act, this Court has original subject matterjurisdiction pursuant to 28 U.S.C. § 1338.5.

This Court has personal jurisdiction over Defendant because Defendant has an onlinebusiness offering candy and candy products available to purchase from within the Stateof Texas. Accordingly, Defendant conducts business in the State of Texas, has availeditself of the rights and benefits of Texas law, and has engaged in substantial andcontinuing contacts with the State.

C. Venue

Venue is proper in this district under 28 U.S.C. § 1391(b) and (c) because a substantialpart of the events giving rise to the claims occurred in this district.

D. Facts

CANDY WRAPPERS owns and operates a small business offering candy and candyproducts online and in retail candy stores.8.

Beginning on April 4, 2000, CANDY WRAPPERS has used the mark CANDYLICIOUS®, in commerce in conjunction with selling candy and candy products.

Case 4:11-cv-00930 Document 1 Filed in TXSD on 03/14/11 Page 2 of 7

- 3 -CANDY WRAPPERS continues to use the CANDYLICIOUS® mark. Additionally,CANDY WRAPPERS has been using the CANDYLICIOUS® mark in interstatecommerce since at least November 20, 2004.9.

On October 11, 2007, CANDY WRAPPERS filed the CANDYLICIOUS®, mark fortrademark protection in conjunction with candy products. The CANDYLICIOUS®,mark was registered on June 17, 2008, giving CANDY WRAPPERS exclusive rights tothe mark throughout the United States. A copy of the federal registration forCANDYLICIOUS is attached hereto as Exhibit A.10.

On or about July 23, 2009, Defendant began using ICANDYLICIOUS for the sale of candy and candy products in retail stores.11.

On February 14, 2011, CANDY WRAPPERS notified Defendant of its proprietary rightin the CANDYLICIOUS® mark and requested Defendant cease use of theICANDYLICIOUS name in conjunction with its goods and services.12.

Since February 14, 2011, Defendant has continued to use the ICANDYLICIOUS name incommerce, despite having notice of CANDY WRAPPERS’s exclusive rights in theCANDYLICIOUS® mark in conjunction with candy and candy products.

COUNT I(Federal Trademark Infringement – 15 U.S.C. § 1114)

13.

CANDY WRAPPERS incorporates the allegations in the preceding paragraphs as if fullyset forth herein.14.

Defendant’s use of the ICANDYLICIOUS name to promote, market, or sell candyproducts constitutes Trademark Infringement. By continuing to use the