MINNEAPOLIS (Legal Newsline) – One of the world’s largest suppliers of LED flameless candles and lighting has expanded a lawsuit filed over the illegal use of its technology to eight other companies, including retailers Costco, Bed Bath & Beyond and Williams-Sonoma.
Liown Electronics Co. Ltd, based in China, filed its second amended complaint in the U.S. District Court for the District of Minnesota earlier this month.
The named defendants include: Luminara Worldwide LLC; Michael O’Shaughnessy, in his capacity as president of Luminara; John Jacobson, a director-level employee of Luminara; QVC Inc.; Darice Inc.; Bed Bath & Beyond Inc.; Williams-Sonoma Stores Inc.; Costco Wholesale Corporation PC; PC Treasures Inc.; One Kings Lane Inc. and Brookstone Stores Inc.
Liown filed its original complaint in August, only naming Luminara, O’Shaughnessy and Jacobson at the time.
The company, which makes the trademarked Moving Flame candle, asserts that the defendants have infringed on its U.S. Patent Nos. 8,926,137 and 8,789,986.
Liown alleges in its 12-page amended complaint, filed in the federal court March 2, that the companies have imported, manufactured or sold flameless candles sold under the names “Wax Pillar Flameless Candle with Timer,” “Outdoor Flameless Candle with Timer,” “Scroll Embossed Flameless Candle” and “Flameless Candle Lantern,” infringing one or more
claims of its ‘137 and ‘986 patents.
It also alleges “tortious interference” with existing and prospective business relationships against the Luminara defendants, including O’Shaughnessy and Jacobson.
“We have worked hard to develop our patented technologies, and we need to protect what is ours,” Liown CEO Johnny Yang said in a statement.
“We were left with little choice but to file this claim so others will stop taking our technology and selling products that infringe on our patents.”
The company contends its flameless candles “started a revolution” in LED flames with motion.
“Liown’s patents cover these flameless, electronic candles with a natural simulated flame that dances like real flames,” it said.
As part of the lawsuit, Liown seeks a preliminary injunction to prohibit Luminara from selling infringing candles.
From Legal Newsline: Reach Jessica Karmasek by email at [email protected].
