On February 12, 2024, Hueston Hennigan’s client Kelly Toys, maker of the wildly popular Squishmallows, filed litigation against Build-a-Bear Workshop for its copycat Skoosherz product.
As explained in the complaint: “Squishmallows have become a phenomenon, rapidly experiencing breakaway success and quickly turning into a coveted collectors’ item with an avid fanbase. Indeed, in 2023 Squishmallows was the top-selling toy in the country. Rather than competing fairly in the marketplace by creating its own unique concepts and product lines, Defendant Build-A-Bear, a company worth over 300 million dollars, decided that it would be easier to simply copy, imitate, and profit off the popularity and goodwill of Squishmallows, all in the hopes of confusing consumers into buying its products instead of Squishmallows.”
Lead Counsel Moez Kaba as quoted in Reuters:
“When it comes to intellectual property rights, imitation is not the sincerest form of flattery. Build-a-Bear cannot freeride on Kelly Toys’ extensive investments and creativity in the wildly successful Squishmallows products.”
Partner Sourabh Mishra as quoted in the Daily Journal:
“Squishmallows have skyrocketed to fame, appealing to consumers of all ages and backgrounds. Rather than create its own unique product, Build-A-Bear released copycat products that infringe the trade dress that consumers throughout the country associate with Squishmallows.”
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