4. Upon information and belief, Rusty Can Enterprises LLC
Rusty Can Enterprises
is a limited liability company organized and existingunder the laws of the State of California with its principal place of business inNewbury Park, California.5. Certain of the events giving rise to this action occurred in theState of New Mexico.6. This Court has jurisdiction over Michael Gatten
infringement claims pursuant to the United States Patent Act, 35 U.S.C. § 1,
Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. §§ 1331and 1338(a).
This Court has jurisdiction over Michael Gatten’s Lanham Act
claims pursuant to 28 U.S.C. §§ 1331, 1338, and 15 U.S.C. § 1121. This Courthas supplemental jurisdiction over the state law claims under 28 U.S.C. §1367.7. Venue is proper in this district pursuant to 28 U.S.C. §§1391(b) and 1400(b).
8. Michael Gatten is the owner of U.S. Patent Nos. 6,868,566;7,043,783; and 7,181,789
9. Michael Gatten is the owner of U.S. Trademark RegistrationNos. 3,025,128 for
“Miracle Blanket” and 3,600,962 for “The Gift of Sleep.”
10. Michael Gatten has, through continuous use since at leastas early as May 1, 2002, acquired common law trademark rights in the term