NEW YORK – It turns out there are lots of sharp elbows in the plush toy business. Build-A-Bear and the makers of Squishmallows are facing off in federal court.
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.
The Skoosherz line, which Build-A-Bear began selling last month, has the “same distinctive trade dress” of Squishmallows, the complaint filed Monday says, pointing to similarities in shape, face style, coloring and fabric.
“If a picture is worth a thousand words, comparing the Squishmallows original products to Build-a-Bear’s copycats speaks volumes,” Moez Kaba, an attorney representing Kelly Toys and Jazwares, said in a statement. The companies will “vigorously defend” their intellectual property rights, he added.
Jazwares is seeking unspecified damages and for Build-A-Bear to stop selling Skoosherz products.
But Build-A-Bear hit back with its own lawsuit Monday, claiming Skoosherz does not …