The complaint

Crystal W Design LLC v. Leapfrog Product Development, LLC, No. 2:26-cv-11629 (C.D. Cal.), is an 18-page complaint filed October 6, 2026, ECF No. 1, with Exhibits 1-5 and a jury demand. Crystal W Design is a Colorado limited liability company based in Denver that runs the design and licensing business of its owner, artist and surface designer Crystal Walen. The complaint alleges, on information and belief, that Leapfrog is an Illinois company based in Chicago that sells housewares and food-storage products under the Ello brand, that Target is a Minnesota corporation based in Minneapolis, and that Rebelstork U.S.A., Inc., a Delaware corporation, runs an online resale marketplace for returned, open-box, and overstock goods. It also names Does 1-10, which it alleges, on information and belief, include the Adobe Stock contributor who uploaded the copied design. It pleads jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) and venue under 28 U.S.C. §§ 1391(b) and 1400(a).

The work

The work is Brush Stroke Leaves, a two-dimensional textile design of hand-painted brushstroke leaf motifs in dark pigment on a cream background. The complaint alleges that Walen created it in 2016, first published it on July 18, 2016, under the title Not So Black and White Leaves, and retitled it in 2018, and that she licensed it on a non-exclusive, product-specific basis to only four companies, none of which could sublicense it or distribute it as a digital file. The Copyright Office public record for VA0002466946 lists Brush Stroke Leaves, with Crystal Walen as claimant, a first publication date of July 18, 2016, and a registration date of June 19, 2025. The complaint alleges that Walen assigned the copyright and all accrued claims to Crystal W Design effective September 1, 2026, and the Copyright Office public record lists an assignment of rights in Brush Stroke Leaves from Crystal Walen to Crystal W Design LLC, executed September 1, 2026, and recorded October 7, 2026.

What the complaint alleges

The complaint alleges, on information and belief, that a third-party Adobe Stock contributor copied the design and uploaded it to Adobe Stock as Green Leaf, Asset No. 640735047, differing mainly in colorway. It alleges, on information and belief, that Leapfrog, beginning no later than February 7, 2024, when it bought a standard Adobe Stock license for that asset, put the design on Ello products including the Reusable Lunch Tote and Lunch Stack, and that it bought an Extended license on or about June 18, 2025. It also alleges, on information and belief, that Target sold the products in stores and online, including three items bought at a Massachusetts Target store on June 16, 2025, and that Rebelstork offered an Ello lunch bag in the Green Leaf design on its resale site. It says that after March 20, 2026 demand letters, Leapfrog responded on April 9, 2026, that the design was the licensed Adobe Stock Green Leaf asset, and Rebelstork responded that it resells genuine returned goods under the first sale doctrine. The complaint argues that the first sale doctrine does not apply because the copies were not lawfully made.

The counts and relief

  • Count 1: copyright infringement under 17 U.S.C. §§ 106 and 501, against all defendants.
  • Count 2: contributory copyright infringement, against Leapfrog and the Doe defendants.
  • Count 3: vicarious copyright infringement, against Leapfrog and the Doe defendants.

Crystal W Design seeks preliminary and permanent injunctions under 17 U.S.C. § 502; impoundment and destruction under § 503; a recall and an accounting that identifies suppliers, distributors, and retail customers; actual damages and profits under § 504(b) or, in the alternative, statutory damages under § 504(c), including enhanced damages for willfulness; costs and attorneys' fees under § 505; interest; and other relief.

The docket

On October 21, 2026, Judge André Birotte Jr. ordered Crystal W Design to show cause within 14 days why the case should not be dismissed for improper venue, by explaining why venue is proper on the facts alleged or suggesting a proper transferee venue. The docket shows a response filed November 5, 2026, ECF No. 17. Watch for the court's ruling on venue.