July 24, 2014

Ganz USA and Noelle LLC File Copyright Complaint Against Transpac, Inc.

On January 10, 2014 Ganz USA LLC (“Ganz”) of Marietta, Georgia and Noelle LLC(“Noelle”) of Cannon Falls, Minnesota (collectively, "plaintiffs") filed a complaint against Transpac Imports, Inc. (“Transpac”) of Vacaville, California, alleging copyright infringement and Federal trade dress infringement, unfair competition and false advertising under 15 U.S.C. § 1125(a).

The complaint revolves around the popular “Kissing Krystal” product line which Ganz licenses from Noelle.  The Kissing Krystal products are decorative ornaments that include faux mistletoe, glitter and other floral patterns and decorations on multifaceted clear acrylic shapes to create a pleasing aesthetic, and they are sold throughout thousands of gift retailers including Kirkland’s, Macy’s, and Bed, Bath & Beyond.  According to the complaint, approximately 1.5 million units have been sold since 2009, with an MSRP nearing $20 million. The complaint cites the following 8 registered “Kissing Krystal” copyrights as having been allegedly infringed.

1. Blessing of the Harvest, Reg. No. VA0001743072

2. Christmas Kissing Krystal Angel, Reg. No. VA0001743066

3. Diamond Kissing Krystal, Reg. No. VAu001117953

4. Frosted Sugarplum Winterwonderland, Reg. No. VAu001117956

5. Kissing Krystal, Reg. No. VA0001739705

6. Kissing Krystal Maple Leaf, Reg. No. VA0001841655

7. Kissing Krystalball, Reg. No. VAu001117954

8. Mini Kissing Krystal, Reg. No. VA0001743070

Sometime before January 2009, Transpac and Noelle entered into a licensing agreement allowing Transpac to produce, manufacture, sell, and distribute Kissing Krystal ornaments in accordance with Noelle’s standards. Transpac also retained sell-off rights for inventory purchased prior to the termination date of the agreement.  According to the complaint Transpac actively showed and sold the “Kissing Krystal Collection” pursuant to the licensing agreement from January 2009 until termination of the agreement on December 28, 2013.

Kissing Krystals IP Intellectual Property Copyright Litigation

The complaint goes on to allege that Transpac is now showing and selling its own line of allegedly infringing Kissing Krystal ornaments consisting of suspended sculptures and/or 3-D artwork made of glittered, faux mistletoe and other floral patterns that adorn various multifaceted clear acrylic shapes.  The plaintiffs allege Transpac is now substituting inferior quality knockoffs, is passing them off as a continuation of the Kissing Krystal product line and confusing customers about which product they are purchasing, and is taking orders for their alleged knockoffs without having sold the remainder of the licensed product which they received from Ganz.

Accordingly, the plaintiffs seek a preliminary injunction restraining any further infringement of the “Kissing Krystal” collection and/or trade dress, a finding of infringement of the collection and the trade dress, and unfair competition and false designation of origin, along with trebled damages for allegedly willful infringement.

The case is Ganz U.S.A. Llc. et al v. Transpac Imports, Inc. Docket no: 1:14-cv-00081-SCJ, filed January 10, 2014 in the United States District Court for the Northern District of Georgia, Atlanta Division, and is assigned to Judge Steve C. Jones.

Copyright © 2014 Womble Carlyle Sandridge & Rice, PLLC. All Rights Reserved.

About the Author

Jonathan S. S. Howell, Intellectual Property Attorney, Womble Carlyle law firm

Jonathan Howell is a member of the Intellectual Property Practice Group and the Mechanical Patent Team in Womble Carlyle’s Atlanta office.


Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.