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Old World Christmas Seeks to Protect Alpine Skier Nutcracker Re: Copyright Infringement

O.W.A., Inc., d/b/a Old World Christmas (“OWA”) brought this action for copyright infringement against Gump’s Corp. and KWO of North America, Inc. (“Gump” and “KWO” – collectively “Defendants), on March 7 2014.

OWA is a Spokane, Washington, business founded in 1979 and now a leading distributor of Christmas related products with showrooms in Atlanta, Las Vegas, and Dallas.  OWA’s products include glass Christmas tree ornaments, holiday nutcrackers, greeting cards, and framed holiday prints.  Defendant KWO maintains a place of business in Duluth, Georgia, and Gump has a place of business in San Francisco. 

According to the complaint, OWA creates original designs for its products, portrays them in photographs in published catalogs, including its 1998 and 1998 editions which were registered with the United States Copyright Office – Registration Numbers TX 4-837-270 and TX 4-990-940. Included in those catalogs were photos of OWA’s “Alpine Skier” nutcracker (the “Work”).

OWA contracted with KWO to manufacture the Work in the past, but is not currently sourcing the product from KWO.  OWA alleges that KWO has “recently begun to produce, distribute, and offer for sale . . . a nutcracker . . . identical or substantially similar to [the Work].”  The complaint includes as Exhibit 2 side by side photos of the original OWA Work and the KWO accused infringing nutcracker for comparison.  Those photos appear below as denominated by OWA.

copyright infringement Nutcracker

The complaint goes on to allege that Gump is distributing infringing nutcrackers sourced from KWO.  Defendants are accused of willful infringement.  OWA seeks an injunction and damages, further mandating Defendants to advertise that the infringing goods sold violate OWA’s copyrights

The case is O.W.A., Inc, d/b/a Old World Christmas v. Gump’s Corp. and KWO of North America, Inc., No. 1:14-cv-00682-ATP, filed 03/07/14 in the U.S. District Court for the Northern District of Georgia, Atlanta Division, and assigned to U.S. District Judge Amy Totenberg.

Copyright © 2021 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume IV, Number 91
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