Quickly! What is the difference between Squishmallows and Skoosherz?
END OF TIME. Don’t be upset if you couldn’t find an answer. The companies behind the colorful plush toys are locked in a lawsuit this week over what really makes the toys stand out from one another.
Kelly Toys, which said it launched Squishmallows plush toys in 2016, filed a lawsuit Monday against Build-A-Bear over its Skoosherz line, which launched last month in time for Valentine’s Day.
Instead of “creating its own unique ideas and product lines,” read the complaint filed by Kelly Toys in the U.S. District Court for the Central District of California, Build-A-Bear manufactured a similar product when, the complaint added, “decided it would be easier to just copy, imitate and profit from the popularity and goodwill of Squishmallows.”
Kelly Toys claims in its lawsuit that Build-A-Bear imitated Squishmallows plush toys “in hopes of confusing consumers into buying its products instead of Squishmallows.”
In turn, Build-A-Bear filed its own complaint against Kelly Toys in the U.S. District Court for the Eastern District of Missouri, arguing that its line did not infringe on any trademarks.
Squishmallows’ parent company says the games are similar
Kelly Toys argued that the Build-A-Bear line has many similarities to the Squishmallows toys, including the “molded fantasy animal/character representations. Simplified Asian Kawaii Faces. embroidered facial features; distinctive and non-monochromatic coloring. and plush plush textured exterior.”
The company has alleged infringement under the Lanham Act, which protects trade dress, the legal concept that refers to the look and feel of a product that makes it unique from other products.
The company also points out that Build-A-Bear has moved away from its original mission of helping people build their own toys. Instead, the lawsuit alleges, Build-A-Bear has copied Kelly Toys plush toys without the license or other authorization to do so, and even uses one of the same suppliers that makes the Kelly Toys product.
The name of the Build-A-Bear line was also chosen, the company claimed, to confuse consumers who are actually looking for Squishmallows, which are often called “Squish.”
Jazwares, the Berkshire Hathaway-controlled parent company of Kelly Toys, said in a statement that “Build-A-Bear has made every effort to replicate the distinctive look, feel and tactile design of Squishmallows to capitalize on the global Squishmallows success blatantly and deliberately’.
How did Build-A-Bear respond?
Build-A-Bear, which was founded in St. Louis, argued in its complaint that the features Kelly Toys claimed were part of its trade dress were not consistent across the entire line of Squishmallows.
The company said it started by helping shoppers make their own toys, but explained that it has sold pre-stuffed plush toys for years. The new toys are not knockoffs of Squishmallows, the company claimed, but instead knockoffs of some of its own original and popular plush toys. His Skoosherz Pink Axolotl is based on his original Pink Axolotl, for example.
The company also argued that many plush toys existed before Squishmallows entered the market and many had the features that Kelly Toys said were its trade dress, including the Squishable plush animal line launched in 2008 and the Yummy World products from Kidrobot released in 2015.
Attorneys for Build-A-Bear did not immediately respond to a request for comment Wednesday.
The Rise of Squishmallows
Squishmallows exploded in popularity during the coronavirus pandemic. Videos about the toys have been viewed more than 11 billion times on TikTok, and fans have posted about the toys more than 11 million times on Instagram, according to Kelly Toys’ complaint.
The company counts Lady Gaga and Kim Kardashian, who have both posted about the games on their social media accounts, among its fans.
“Sales of Squishmallows have grown over 300 percent in 2022 alone, with sales soaring to over $200 million worldwide,” the complaint states.
