Squishmallows is Suing Build-A-Bear

Highlights

• Build-a-Bear is facing a lawsuit from the manufacturer of Squishmallows, accusing them of copying their plush toys.
• Build-a-Bear has expanded internationally and online since its founding in 1997 and has partnered with other large brands.
• Build-a-Bear has filed a legal action against Jazwares, asking for a declaration that their Skoosherz toys do not infringe upon Squishmallows.

Build-a-Bear, the customizable plush toy store, is facing a lawsuit from the manufacturer of Squishmallows, accusing the company of intentionally copying Squishmallows with one of its recent plush releases. The lawsuit emerged shortly after the introduction of Build-a-Bear’s Skoosherz plush line of toys.

Build-a-Bear has been around since 1997, with an initial focus on teddy bears that buyers could dress up and customize in-store. Since then, the toy empire has expanded to operate internationally and online, and has seen a number of partnerships with other large brands. Both Squishmallow and Build-a-Bear have partnered with The Pokemon Company, though this particular lawsuit isn’t directly tied to Build-a-Bear’s Pokemon designs.

Now, Build-a-Bear is being targeted in an intellectual property lawsuit filed in California by Jazwares, the parent company of the Squishmallow toy line. The lawsuit is specifically due to the release of the Skoosherz toys by Build-a-Bear. Unlike standard Build-a-Bear toys, the Skoosherz line is a squishier, rounded, “pillow-like” plush toy. Jazwares alleges that Build-a-Bear’s Skoosherz toys are intentionally attempting to infringe upon their creations, calling the Skoosherz “knock-offs” of its product. The company further claims that Build-a-Bear went to “great lengths” to copy the appearance and designs of its Squishmallow line.

In response to the allegations, Build-a-Bear has responded by filing legal action against Jazwares in Missouri. Build-a-Bear is asking for a legal declaration that its Skoosherz design isn’t infringing upon the Squishmallow toys, specifically indicating that it hasn’t infringed on Jazwares’ “trade dress” rights.

Jazwares’ Protection of its Squishmallow Products

Considering that Build-a-Bear’s Skoosherz line was only introduced in January 2024, it may come as a surprise to some to see Jazwares responding this quickly. However, this isn’t the first time that parent company Jazwares has gone after a manufacturer for allegedly copying its products. Jazwares has previously taken legal action against major online retailer Alibaba for supposedly selling counterfeits of its creations.

While there’s a difference between a company purposefully copying Squishmallow designs to sell as counterfeit rip-offs and two companies having similar designs, it’s clear that Jazwares doesn’t intend to let any company infringe upon its brand. For now, it remains to be seen how this legal action from both companies will play out. If the Skoosherz line is forcibly shut down, Build-a-Bear has partnerships with Pokemon and other large retailers, alongside its original designs, which will likely keep the company alive and well. Notably, the Build-a-Bear Skoosherz line only has a few designs available at this time, while Squishmallows have over a thousand varieties for sale. For now, fans of the two toy companies will have to wait and see.