It’s cuddly chaos as purveyors of plush prepare to face off in court.
Jazwares‘ Kelly Toys Holdings filed a complaint against Build-A-Bear Workshop in a California Court alleging infringement over its intellectual property (IP). At the center of the lawsuit is Build-A-Bear’s new Skoosherz line of plush toys which Kelly Toys calls “knockoff” versions of its own Squishmallows.
At the same time, Build-A-Bear filed a lawsuit against Kelly Toys Holdings in St. Louis seeking a Declaratory Judgement that its Skoosherz brand does not infringe on any trade dress and that any such claims are not enforceable.
A representative from Jazwares shared a statement with The Toy Book regarding the developing legal scuffle:
While Jazwares does not typically comment on litigation, in this case, we feel we must. Jazwares vehemently protects its intellectual property rights for Squishmallows, the No. 1 best-selling toy in the entire industry, according to Circana (December 2023 point-of-sale full-year report). Build-A-Bear has gone to great lengths to copy the distinct look, feel, and tactile design of Squishmallows to capitalize on Squishmallows’ global success blatantly and intentionally. Like many popular global brands, combating counterfeits and deliberate copycats is a pressing issue, and we trust that the U.S. legal system will also see the obvious infringement."
Build-A-Bear has not yet publicly commented on the matter.
Today’s filings are just the latest in a steady stream of legal battles surrounding Squishmallows. In December, Jazwares/Kelly Toys filed a complaint against Alibaba as the company continues playing whack-a-mole with knockoffs, counterfeits, and dubious sellers. In the meantime, dozens of similar lawsuits continue to play out in courts across the U.S.
The cases involved in this matter are:
- Kelly Toys Holdings LLC et al v. Build-A-Bear Workshop Inc., U.S. District Court, Central District of California, No. 24-01169
- Build-A-Bear Workshop Inc. v. Kelly Toys Holdings LLC et al, U.S. District Court, Eastern District of Missouri, No. 24-00211
The post Plush Wars: It’s Squishmallows vs. Skoosherz as Jazwares, Build-A-Bear File Dueling Lawsuits appeared first on The Toy Book.
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