Build-A-Bear Sued By Warren Buffett’s Squishmallows Over ‘Copycat’ Toys
By Mikelle Leow, 14 Feb 2024
Image via Build-A-Bear
A not-so-cuddly waltz is unfolding between two toymakers. Jazwares, the company behind the wildly popular Squishmallows, has engaged in a legal tussle with Build-A-Bear Workshop, accusing the latter of stepping on its plush paws by launching a rival product line called Skoosherz.
This legal skirmish comes after Jazwares, recently acquired by Warren Buffett’s Berkshire Hathaway, claimed that Build-A-Bear’s “copycat” toys are mirror images of its Squishmallows, which have captured hearts worldwide, partly thanks to a TikTok-fueled frenzy.
Squishmallows. Photo 265388307 © Mkopka | Dreamstime.com
Build-A-Bear introduced Skoosherz just in time for Valentine’s Day, rolling out irresistibly soft toys including a strawberry cow, a red raptor, a pink axolotl, and a rainbow sparkle teddy bear. However, Jazwares alleges these new additions are more than just inspired by its Squishmallows; they’re “knock-offs.” The company points to the Skoosherz’s “shaped fanciful renditions” of animals, their “simplified Asian-style kawaii faces,” and the “velvety velour-like” fabric as evidence of imitation.
Not one to snuggle up and take these accusations lightly, Build-A-Bear has launched a counterattack in Missouri courts. The brand is seeking a judicial nod affirming that its Skoosherz line doesn’t infringe on Jazwares’ “trade dress” rights related to Squishmallows and is pushing back against the enforceability of any such claims.
Build-A-Bear maintains that Skoosherz is a natural expansion of its longstanding animal collection, fitting into the broader category of “soft, pillow-like squishie-type” toys that have been on the market for years.
The legal battle has fronts in both California, where Jazwares filed its lawsuit, and Missouri, Build-A-Bear’s battleground of choice. Jazwares is not just fighting to protect its turf in the US; it’s also taken action against Alibaba, the Chinese online retail giant, over allegations of selling counterfeit Squishmallows.
Squishmallows’ specialty foods six-pack. Image via Squishmallows
For now, collectors of these squishy companions are watching closely, hoping the less-than-soft dispute doesn’t detract from the joy these toys bring.
[via Entrepreneur, The Guardian, Associated Press, images via various sources]