A federal judge in California recently denied a motion by Build-A-Bear Workshop to dismiss copyright and trade dress infringement claims against it for allegedly stealing the design of Kelly Toys’ “Squishmallow” products for its “Skoosherz” plush toy.

U.S. District Judge Josephine L. Stanton of the Central District of California rejected Build-A-Bear’s motion July 15 in a suit brought by Kelly Toys’ attorneys with Hueston Hennigan. Kelly Toys accused Build-A-Bear of creating a copycat product of its top-selling toy. Build-A-Bear argued that Kelly Toys’ alleged trade dress in the Squishmallow line of products is “amorphous” and “vague,” and that they don’t share a consistent overall look among 3,000 items.

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