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Build-a-Bear fired back with its own legal complaint, claiming “Skoosherz” is its own version of a popular toy style. The lawsuit claims Build-A-Bear has been trying to “trick” customers with such obvious knock-offs, stealing potential customers and sales from Squishmallows. Build-A-Bear claims it has sold pre-made stuffed animals on its site and on Amazon. It claims Skoosherz designs match its original stuffed animals, such as the Strawberry Cow and Spring Green Frog. “If each aspect of the claimed trade dress were in fact protected trade dress, it would be virtually impossible for competitors to create alternative designs,” the lawsuit claimed.
Persons: Bear, , Jazwares, Kelly Toys, Warren Buffet’s Berkshire Hathaway, Skoosherz, Kawaii, “ Squishmallows, Moez Organizations: New, New York CNN, Warren, Central, , CNN Locations: New York, Squishmallow, U.S, Central District, California, Missouri, St, Louis
Squishmallows and Skoosherz Plush Toys Face Off in Court
  + stars: | 2024-02-14 | by ( Lola Fadulu | ) www.nytimes.com   time to read: +1 min
What is the difference between Squishmallows and Skoosherz? Don’t fret if you couldn’t come up with an answer. The companies behind the colorful plush toys are in a court battle this week over what actually makes the toys distinct from each other. Kelly Toys, which said it released the Squishmallows plush toys in 2016, filed a lawsuit on Monday against Build-A-Bear over its Skoosherz line, which launched last month in anticipation of Valentine’s Day. Build-A-Bear filed its own lawsuit against Kelly Toys.
Persons: Kelly Toys, , Kelly, , ” Kelly Toys Organizations: Kelly Toys, Central, Central District of Locations: Central District, Central District of California
Kelly Toys and its Berkshire Hathaway -controlled parent company Jazwares have sued Build-A-Bear, saying its new “Skoosherz” toys copy the look and feel of their mega-popular Squishmallows products. Jazwares is seeking unspecified damages and for Build-A-Bear to stop selling Skoosherz products. It wants a declaratory judgement saying that the Squishmallow maker’s claimed trade dress rights are invalid and unenforceable. “If each aspect of the claimed trade dress were in fact protected trade dress, it would be virtually impossible for competitors to create alternative designs," Build-A-Bear added. It was the first time the plush products were offered to shareholders since Berkshire bought Alleghany in 2022 for $11.6 billion.
Persons: Kelly Toys, copycats, Moez, Kelly, Jazwares, Skoosherz, maker’s, Squishmallows, Kim Kardashian, Lady Gaga, ” Skoosherz, Warren Buffett’s Berkshire Hathaway, Buffett, Charlie Munger, Josh Funk Organizations: Berkshire Hathaway, Alleghany Corp, Berkshire, Associated Locations: Squishmallows, St, Louis, U.S, California, Missouri, Omaha , Nebraska, Berkshire’s, Alleghany
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