Squishmallows Launches Legal Fight Against Build-A-Bear ‘Knockoffs’

Warren Buffett is taking on Build-A-Bear, and he’s not backing down. His Jazwares company, which produces the wildly popular Squishmallows plush toys, has sued Build-A-Bear Workshop, saying its Skoosherz line of toys is a “knockoff” of their idea.

According to Reuters, Jazwares said that “Build-A-Bear ‘blatantly and intentionally’ undermined its goodwill and created substantial confusion among consumers by copying Squishmallows’ look and feel, including ‘shaped fanciful renditions’ of animals, ‘simplified Asian style Kawaii faces,’ and ‘velvety velour-like’ fabric.”

In response, Build-A-Bear filed its own lawsuit against Jazwares on Monday, claiming Skoosherz toys are based on Build-A-Bear’s existing plush animals. Build-A-Bear claims that the company makes it clear who produces its toys in its advertising and marketing so as not to confuse its plush toys with its competitors.

Squishmallows have been a part of Berkshire Hathaway’s Jazwares since October 2022. The company launched Squishmallows in 2017, and the huggable toys subsequently became a hot ticket item due to their social media popularity.

On the terms and conditions page of its website, Jazwares makes it clear that “unauthorized use or copying of the intellectual property of Jazwares, Kelly Toys, Zag Toys, or First Act, including but not limited to this website or trademarks, logos, pictures, or names contained herein, is prohibited by law. Jazwares, Kelly Toys, Zag Toys, and/or First Act will take legal action against those who participate directly or indirectly in intellectual property infringement.”

Build-A-Bear launched Skoosherz on Jan. 21, 2024, for National Hug Day. The round plush toys are designed to be hugged, the website promotes. According to the company, it “launched Skoosherz in anticipation of Valentine’s Day, Feb. 14, to tap a market for plush toys that were ‘uniquely styled for optimal hugging benefits.’”

The brand currently has five plush styles on its website for purchase, including Pink Axolotl, Strawberry Cow, Spring Green Frog, Red Raptor, and Rainbow Sparkle Teddy Bear. Squishmallows number over 1,000 styles so far.