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In the United States District Court for the District of Maine

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In the United States District Court for the District of Maine Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 1 of 13 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE ICE CASTLES, LLC, a Utah limited liability company, Plaintiff, COMPLAINT vs. Case No.: ____________ CAMERON CLAN SNACK CO., LLC, a Maine limited liability company; HARBOR ENTERPRISES MARKETING AND JURY TRIAL DEMANDED PRODUCTION, LLC, a Maine limited liability company; and LESTER SPEAR, an individual, Defendants. Plaintiff Ice Castles, LLC (“Ice Castles”), by and through undersigned counsel of record, hereby complains against Defendants Cameron Clan Snack Co., LLC; Harbor Enterprises Marketing and Production, LLC; and Lester Spear (collectively, the “Defendants”) as follows: PARTIES 1. Ice Castles is a Utah limited liability company located at 1054 East 300 North, American Fork, Utah 84003. 2. Upon information and belief, Defendant Cameron Clan Snack Co., LLC is a Maine limited liability company with its principal place of business at 798 Wiscasset Road, Boothbay, Maine 04537. 3. Upon information and belief, Defendant Harbor Enterprises Marketing and Production, LLC is a Maine limited liability company with its principal place of business at 13 Trillium Loop, Wyman, Maine 04982. Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 2 of 13 PageID #: 2 4. Upon information and belief, Defendant Lester Spear is an individual that resides in Boothbay, Maine. JURISDICTION AND VENUE 5. This is a civil action for patent infringement arising under the Patent Act, 35 U.S.C. § 101 et seq. 6. This Court has subject matter jurisdiction over this controversy pursuant to 28 U.S.C. §§ 1331 and 1338. 7. This Court has personal jurisdiction over the Defendants. The Defendants regularly and continuously do business in the District of Maine and have infringed or induced infringement, and will continue to do so, in the District of Maine. Furthermore, the principal place of business for both corporate Defendants is within the District of Maine and Mr. Spear resides in Maine. 8. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b)(2) and 1400(b) as Defendants have committed the acts of patent infringement complained of herein in the District of Maine. Moreover, Defendants have solicited business in the District of Maine, transacted business in the District of Maine, and/or derived financial benefit from residents of the District of Maine, including benefits directly related to the instant patent infringement cause of action set forth herein. Venue is further proper in this district as all Defendants reside within the District of Maine. FACTUAL BACKGROUND A. Ice Castles’ Innovative Ice Structures 9. Ice Castles is dedicated to creating a unique ice structure experience for all ages and is an innovator in the construction of ice structures. 2 Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 3 of 13 PageID #: 3 10. Ice Castles’ ice structures have been featured in many publications and television programs due to their uniqueness, grandeur, and beauty. 11. A representative example of one of the ice structures built by Ice Castles is depicted below: 3 Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 4 of 13 PageID #: 4 12. Although Ice Castles is now a leader in the attraction industry and its dynamic and unique ice structures draw thousands of visitors each year, it all started as a hobby for its co- founder, Brent Christensen. 13. In the late 2000s, Mr. Christensen began building wood structures in his yard that he later sprayed with water during the winter months to form ice structures. Mr. Christensen continued to tinker with the idea and, through significant experimentation, eventually realized that he could make ice structures without the use of any wood substructure. 14. The first of these experimentations that was entirely made out of ice was built in Mr. Christensen’s front yard in Pleasant Grove, Utah during the winter of 2008 to 2009. This structure began as an igloo and gradually became more complex as Mr. Christensen continued his experimentation. 15. The following winter, Zermatt Resort (a resort in Midway, Utah) asked Mr. Christensen if he would build a larger ice structure on the front lawn of the resort. Mr. Christensen built the “Ice Castle” at the Zermatt Resort during the winter of 2009 to 2010 by continuing to develop upon and refine the process he used during the prior winter. 16. As a result of the experimentation that occurred at Mr. Christensen’s home in Pleasant Grove, Utah and the subsequent year at the Zermatt Resort, Mr. Christensen ultimately arrived at a unique method for building ice structures. To protect his innovative method, Mr. Christensen filed a patent application on January 10, 2011 entitled “Methods for Constructing Ice Structures.” This application ultimately matured into U.S. Patent No. 8,511,042 (the “’042 patent”), which was granted on August 20, 2013, a copy of which is attached as Exhibit A. 4 Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 5 of 13 PageID #: 5 17. On October 19, 2011, the Ice Castles legal entity was formally organized in the State of Utah. 18. Since 2011, Ice Castles has grown to multiple locations, including Colorado, New Hampshire, Utah, and Wisconsin, which welcome tens of thousands of visitors each year. 19. Ice Castles also heavily advertises its ice structures on www.icecastles.com and through various social media platforms. 20. Ice Castles has also made a substantial investment in its use of the technology covered by the ’042 Patent, including the production of its various ice structures. 21. Ice Castles is also the owner of other intellectual property rights, including various trademark rights, related to its ice structures. B. Defendants’ Infringing Ice Structures 22. In early 2021, Defendants began constructing an ice structure in Boothbay, Maine (the “Boothbay Ice Palace”). 23. The Boothbay Ice Palace opened to the public in February 2021 and Defendants charged an admission fee for the public to tour the Boothbay Ice Palace. 24. A photograph of the Boothbay Ice Palace is included below: 5 Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 6 of 13 PageID #: 6 25. Defendants advertised the Boothbay Ice Palace in various and extensive means, including on their website https://foodtrucksago.com/boothbay-ice-palace/. 26. The Boothbay Ice Palace is similar to the ice structures that are offered by Ice Castles and protected by the ’042 Patent. For example, Claim 1 of the ’042 Patent recites: A method for constructing a structure from ice in a low-temperature environment, the method comprising: providing a plurality of icicles; attaching icicles to each other to form a framework of icicles, the framework having spaces therein, wherein the icicles are attached to each other by: 6 Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 7 of 13 PageID #: 7 applying a slush mixture of ice and water to at least a first of two icicles to be attached to each other, the first icicle being vertically positioned; contacting a desired portion of the second of the two icicles to the first icicle at a location where the slush was applied, the second icicle being positioned perpendicularly to the first icicle; and maintaining a relationship between the second icicle to the first icicle until the slush mixture is sufficiently frozen to secure the two icicles to each other; growing additional ice on the framework; and repeating the steps of providing icicles, attaching icicles to each other and to the existing framework, and growing additional ice on the framework until the structure is completed. 27. The remaining claims describe similar methods for constructing a structure from ice in a low-temperature environment by providing a plurality of icicles and attaching icicles to each other to form a framework of icicles, growing additional ice on the framework, and then repeating the process of providing icicles, attaching icicles to each other and to the existing framework, and growing additional ice until the structure is completed. 28. Based on Ice Castles review of the Boothbay Ice Palace, the Boothbay Ice Palace was built using the methods claimed in the ’042 Patent. 29. Specifically, the Boothbay Ice Palace was built in a low-temperature environment by providing a plurality of “icicles.” 7 Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 8 of 13 PageID #: 8 30. In this regard, the ’042 Patent explains that “icicles may be formed in any of a variety of fashions, including natural icicle growth.” Thus, as acknowledged by the U.S. District Court for the District of Idaho, an “icicle” is not limited to “a hanging, tapering piece of ice formed by the freezing of dripping water.” 31. The plurality of “icicles” were attached to each other to form a framework of icicles. The framework of “icicles” was built by applying a slush mixture to a vertical “icicle,” contacting a second horizontal “icicle” to where the slush was applied, and maintaining the relationship 8 Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 9 of 13 PageID #: 9 between the “icicles” until the slush mixture is sufficiently frozen to secure the two “icicles” to each other. 32. Additional ice was then grown on the framework of “icicles” by spraying water from a sprinkler. 9 Case 2:21-cv-00154-JDL Document 1 Filed 06/14/21 Page 10 of 13 PageID #: 10 33. These steps were repeated by the Defendants until the Boothbay Ice Palace was completed. 34.
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