IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DREAM WICK, INC. Civil Action No. Plaintiff, v. ROOT CANDLES, Defendant. JURY TRIAL DEMANDED Electronically filed

COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff Dream Wick, Inc. (herein after Dream Wick), by and through its undersigned counsel, 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 a wooden wick for use in a wax candle. 2. Upon information and belief, Root Candles is an Ohio corporation and has a place

of 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 28 U.S.C. 1331 and 1338.

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Dream Wick is the owner of all right, title, and interest in United States Patent

Nos. D663,450 S (hereinafter, the 450 Patent) and D669,615 S (hereinafter, the 615 Patent). True and correct copies of the 450 Patent and the 615 Patent are attached hereto as Exhibit A and Exhibit B, respectively. 5. Dream Wick is also the owner of all right, title, and interest in United States

Patent Application Publication Nos. 2012/0064467 A1 (herein after the 467 Patent Application) and 2008/0153046 A1(herein after the 046 Patent Application). True and correct copies of the 467 Patent Application and the 046 Patent Application are attached hereto as Exhibit C and Exhibit D. 6. Root Candles manufactures and sells candles having a wooden wick and having a

two piece wooden wick. 7. Root Candles advertises candles having a wooden wick and/or having a two piece

wooden 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, regularly

conducts business in this District, and has offered for sale and sold candles having a wooden wick and/or having a two piece wooden wick in this District, including at least its Seeking Balance 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 to cease its infringement. This infringing activity causes injury to Dream Wick in this District and subjects Root to personal jurisdiction in this judicial district.

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Venue is proper pursuant to 28 U.S.C. 1391 and 1400(b) because Root Candles

is subject to personal jurisdiction in this District. Upon information and belief, Root Candles advertises, offers to sell, and sells candles having a wooden wick and/or having a two piece wooden wick in this District, Root Candles website is viewable in this District, and harm from Root 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 and

Trademark Office on October 23, 2012 and claims an ornamental design for a candle having a wooden wick. 12. The 450 Patent was duly and legally granted by the United States Patent and

Trademark Office on July 10, 2012, and claims the ornamental design for a candle having a twopiece wooden wick. 13. Upon information and belief, Root Candles makes, sells, and offers to sell candles

with 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 and

Trademark Office on March 15, 2012 and claims wooden wicks including a booster for a candle and a method of making the same. 15. The 046 Patent Application was published by the United States Patent and

Trademark Office on June 26, 2008 and claims wooden wicks including a booster for a candle and a method of making the same.

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Upon information and belief, Root Candles makes, sells, and offers to sell candles

with wooden wicks including a booster for a candle and a method of making the same in the United States and within this district, including at least its Seeking Balance candles. 17. On July 31, 2013, Dream Wick notified Root of Dream Wicks belief that Roots

current candle products, particularly Roots Seeking Balance candles, infringed at least one of Dream Wicks patents and would also infringe the currently pending claims of the applications. In this communication, Dream Wick requested further discussions with Root regarding the infringement to reach an amicable resolution of the dispute. Root responded that somebody, its agent or counsel, would be contacting Dream Wick to discuss this dispute, but Dream Wick and its counsel have not heard from Root since that conversation. 18. Notwithstanding the direct notification of infringement from Dream Wick, upon

information and belief, Root Candles continues to manufacture, use, sell, and offer for sale candles infringing the 615 Patent and the 450 Patent, and would infringe the pending claims of the 467 Patent Application and the 046 Patent Application.

COUNT I: INFRINGEMENT OF THE 615 PATENT 19. Dream Wick repeats and re-alleges each and every averment contained in

paragraphs 1-18 hereof as if fully set forth herein. 20. 23, 2012. 21. 22. Dream Wick is the owner of all right, title, and interest in the 615 Patent. Upon information and belief, Root Candle has been and is still directly infringing, The 615 Patent is entitled Candle Having a Wooden Wick issued on October

as defined by 35 U.S.C. 271, the sole claim of the 615 Patent by making, selling, and offering

to sell candles having a wooden wick, including at least its Seeking Balance candles, and will continue to do so unless enjoined by this Court. 23. Upon information and belief, customers of Root Candles have purchased and

continue to purchase candles having a wooden wick from Root Candles. On information and belief, these customers have and continue to use candles having a wooden wick, thus directly infringing at least one claim of the 615 Patent.Upon information and belief, Root Candle has been and continues to actively contribute to and induce this infringement. Such infringement will continue unless enjoined by the Court. 24. Root Candles activities and infringement of the 615 Patent have been and are

willful and deliberate, constituting willful infringement.

COUNT II: INFRINGEMENT OF THE 450 PATENT 25. Dream Wick repeats and re-alleges each and every averment contained in

paragraphs 1-24 hereof as if fully set forth herein. 26. 2012. 27. 28. Dream Wick is the owner of all right, title, and interest in the 450 Patent. Upon information and belief, Root Candle has been and is still directly infringing, The 450 Patent is entitled Candle Having a Two-Piece Wick issued on July 10,

as defined by 35 U.S.C. 271, the sole claim of the 450 Patent by making, selling, and offering to sell candles having a two-piece wooden wick, including at least its Seeking Balance candles, and will continue to do so unless enjoined by this Court. 29. Upon information and belief, customers of Root Candles have purchased and

continue to purchase candles having a two-piece wooden wick from Root Candles. On

information and belief, these customers have and continue to use candles having a two-piece wooden wick, thus directly infringing at least one claim of the 450 Patent.Upon information and belief, Root Candle has been and continues to actively contribute to and induce this infringement. Such infringement will continue unless enjoined by the Court. 30. Root Candles activities and infringement of the 450 Patent have been and are

willful and deliberate, constituting willful infringement.

WHEREFORE, Dream Wick respectfully requests judgment be entered against Root Candles as follows: A. An award of damages adequate to compensate Dream Wick for the infringement, in the form of at least a reasonable royalty, and/or Root Candles total profit together with prejudgment interest from the date the infringement began; B. Any damages permitted in the Courts equitable discretion including increased damages for willful infringement under 35 U.S.C 284; C. A finding that this case is exceptional and an award to Dream Wick of its attorneys fees and expenses as provided by 35 U.S.C. 285; D. An injunction permanently enjoining Root Candle, and all persons in privity or active concert or participation with Root Candle, from further acts of infringement of the 615 Patent and the 450 Patent; and E. Such other and further relief as this Court deems proper.

DEMAND FOR JURY TRIAL Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Dream Wick hereby demands a trial by jury of all issues triable by jury.

Respectfully submitted, Dated: September 11, 2013 /s/Daniel H. Brean Daniel H. Brean (PA ID No. 208711) dbrean@webblaw.com Jeffrey D. Mulrooney (PA ID No. 208640) jmulrooney@webblaw.com Christopher P. Sherwin (PA ID No. 313626) csherwin@webblaw.com The Webb Law Firm One Gateway Center 420 Fort Duquesne Blvd., Suite 1200 Pittsburgh, PA 15222 (412) 471-8815 Counsel for Plaintiff Dream Wick, Inc.