Kelly Toys Holdings LLC, which manufactures Squishmallows plush toys, may proceed with its trade dress and copyright claims against Build-A-Bear Workshop Inc., a federal court said.
Kelly Toys alleged that Build-A-Bear’s plush toys called Skoosherz infringe its trade dress and copyrights in Squishmallows. Build-A-Bear responded that Kelly Toys didn’t adequately describe its asserted trade dress, there isn’t a “consistent overall look” to all 3,000 Squishmallows, and Kelly Toys didn’t adequately plead a secondary meaning.
Given that Kelly Toys noted the similar shapes, proportionality of the limbs, and use of Kawaii-style facial features in all of its toys, this wasn’t ...
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.