Trade dress law, which pertains to the design and configuration of product packaging or the product itself, is currently a subject of interest in the legal circles due to a plush toy dispute. Kelly Toys’ Squishmallows are at the very center of this legal scuffle, with allegations that Build-A-Bear’s Skoosherz infringes on their trade dress by using similar non-functional elements. U.S. trademark law offers protection to trade dress so long as it serves the same source-identifying function as a trademark and is non-functional.
The legal debate primarily revolves around whether these cited non-functional elements within Squishmallows can indeed be protected. The basis of this argument can be linked back to Section 2(e)(5) of the Lanham Act, which prohibits the registration of any matters that, in totality, are functional on the Principal Register.
An in-depth comprehension of this trademark dispute can be achieved by exploring more details of the case in a Law.com article, delivering a more nuanced understanding to the intriguing intricacies of trade dress law in action.