The intellectual property lawsuit filed against Build-A-Bear claims the company’s Skoosherz brand copies the look, feel and tactile design of Squishmallows.
In the latest development for the case, a US judge has rejected Build-A-Bear Workshop’s effort to dismiss a lawsuit from Kelly Toys/Jazwares claiming that Skoosherz, a new line introduced this year by Build-A-Bear Workshop is too similar to its best selling Squishmallows range and infringes copyright.
Kelly Toys/Jazwares has been given permission to proceed with its legal case against Build-A-Bear, which it says has infringed upon the copyright of its best-selling Squishmallows range (pictured here)
LA District Judge Josephine Staton said it would be “particularly inapt” to dismiss the lawsuit, which is claiming damages in light of the apparent similarities between the products. Online accounts associated with Build-A-Bear were cited by the judge, where users had posted comments comparing Skoosherz to the Squishmallows range.
The judge wrote: “This case is not an instance where the works are so dissimilar by plain sight that any person observing them could confidently conclude that they do not share substantial similarities.”
Kelly Toys and Jazwares’ legal representative responded: “We look forward to continuing to vigorously pursue our claims against those who infringe our client’s intellectual property rights.”
Build-A-Bear introduced Skoosherz in January, in anticipation of Valentine’s Day, saying they were “uniquely styled for optimal hugging benefits.” Kelly Toys/Jazwares has accused Build-A-Bear of intentionally undermining its goodwill and copying Squishmallows’ look and feel, including “simplified Asian style Kawaii faces” and “velvety velour-like” fabric. “Build-A-Bear has gone to great lengths to copy the distinct look, feel, and tactile design of Squishmallows to capitalise on Squishmallows’ global success, blatantly and intentionally,” Jazwares stated in an email to the BBC.
Responding to the initial claims, Buid-A-Bear has also filed a federal lawsuit against Kelly Toys, seeking a declaration that the company has done nothing wrong and claiming that Skoosherz’ design is based on its existing plush range and that the brand has made it clear the range is a Build-A-Bear product.
