‘Squishmallows’ toy maker and Build-A-Bear are in a plush war over ‘copycat’ accusations

NEW YORK — It turns out there are lots of sharp elbows in the plush toy business. 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 St. Louis-based retailer says Skoosherz products are based on its own original plush animals, “which have been sold for a number of years.” The lawsuit notes that products from other companies using features laid out in Jazwares’ complaint were around long before Squishmallows were created.