June 28, 202610 min readShieldMyShop Team

Can You Sell Squishmallow Dupes on Etsy? Trade Dress, Trademark & Copyright Rules (2026)

Selling Squishmallow dupes on Etsy is risky. Learn how trade dress, trademark, and copyright law protect Squishmallows, and what sellers can and can't do.

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Squishmallows are one of the most copied plush toys on the planet, and Etsy is full of "dupes," "inspired-by" plushies, crochet versions, and accessories that ride on the brand's popularity. If you're thinking about listing any of these, you need to understand one thing up front: the company behind Squishmallows is one of the most aggressive intellectual property enforcers in the toy industry. It has filed dozens of federal lawsuits naming hundreds of defendants, and it issues takedowns on Etsy constantly.

This guide breaks down exactly what protects Squishmallows under U.S. law, what kinds of listings get pulled, and the narrow paths that are actually legal. It is written for sellers who want to stay in business, not get a shop shut down over a $14 plush.

The short answer: Selling plush toys that copy the Squishmallows look — the round egg shape, velvety texture, and Kawaii faces — is trade dress infringement and will get your listings removed and potentially get you sued. Using the word "Squishmallow" in your titles or tags to sell a non-licensed product is trademark infringement. There are a few legal lanes, but "dupe" is not one of them.

Who actually owns Squishmallows

Squishmallows launched in 2016 and were created by Kelly Toys Holdings LLC. Kelly Toys is now part of Jazwares LLC, a company majority-owned by Berkshire Hathaway. That ownership matters for one reason: this brand has very deep pockets and a dedicated enforcement program. They are not a small operation that will overlook your shop.

The rights holders have filed at least 33 federal district court lawsuits against hundreds of defendants alleging infringement of the Squishmallows brand. They have gone after large companies and small sellers alike. In the most public fight, Jazwares and Build-A-Bear filed dueling lawsuits in California over Build-A-Bear's "Skoosherz" line, which Jazwares claimed copied the Squishmallows trade dress. That case was dismissed by joint stipulation in August 2025. More recently, in May 2026, a federal judge ruled that Kidrobot could proceed with a trademark claim that Jazwares's "HugMees" infringed Kidrobot's older "HUGME" plush mark — a reminder that even the brand owner operates in a crowded, litigious plush market.

The takeaway for an Etsy seller is simple. This is not a sleepy brand. Enforcement is active, well-funded, and routine.

The three legal walls protecting Squishmallows

Most sellers think about "copyright" and stop there. Squishmallows are actually protected by three overlapping bodies of law, and you can violate any one of them independently.

1. Trade dress (the biggest one)

Trade dress is the part most sellers don't understand, and it's the part that catches plush dupes. Trade dress is the total image and overall appearance of a product — its size, shape, color combinations, texture, and graphics — when those features identify the source of the product to consumers. It's a form of trademark protection that covers how a product looks and feels rather than a name or logo.

Squishmallows have a recognizable trade dress: the rounded, egg-like or marshmallow body shape, the super-soft "marshmallow" squish, the velvety/velour plush coating, and the simple embroidered Kawaii-style faces with distinctive coloring. In its litigation, Jazwares has specifically pointed to features like "Asian-style Kawaii faces," embroidered facial features, distinctive coloring, and the velvety texturing as the protected trade dress.

Why this matters: You can change the name, remove every logo, and never write "Squishmallow" anywhere — and still infringe. If your plush has the same round shape, velvety fabric, and minimalist embroidered face, a court (and Etsy's review team) can find it copies the protected trade dress. This is exactly the trap that catches "dupe" sellers.

Trade dress has one important limit: it cannot protect features that are functional. A rounded shape and soft stuffing arguably serve a function (they're comfortable to hug). Defendants in these cases have argued some Squishmallows features are functional and therefore unprotectable. That's a real legal argument, but it's one you'd be making from inside an expensive lawsuit — not a reason to assume you're safe.

2. Copyright

Stuffed toys can be protected as sculptural works under U.S. copyright law. That covers the specific sculpted design, form, and physical appearance of individual characters, plus any original artwork. Each named Squishmallow character (the specific cat, axolotl, or avocado, with its particular color blocking and face) can carry copyright protection in its design.

So a crochet or sewn plush that copies a specific Squishmallow character — same animal, same colors, same face placement — risks copyright infringement on top of trade dress. Making a "generic round pink plush" is a weaker copyright target than making a recognizable copy of "Cam the Cat."

3. Trademark (the name and logos)

"Squishmallows" is a registered trademark, as are the brand logos and many individual character names. Using the word "Squishmallow" (or close misspellings like "Squishmallo," "Squish mallow," "Squishie mallow") in your listing title, tags, description, or shop name to attract buyers is classic trademark infringement when you're selling an unlicensed product. This is the single fastest way to get a listing pulled, because brand-protection software scans marketplaces for exactly these keywords.

What gets your Etsy listing removed

Etsy's Intellectual Property Policy requires every seller to comply with IP law, and Etsy acts quickly on reports from rights holders. Based on how Squishmallows enforcement works, these are the listings most likely to be removed and to draw a strike against your shop:

Selling physical plush toys — handmade, crocheted, sewn, or imported — that replicate the Squishmallows shape, texture, and face. This hits both trade dress and (if it copies a specific character) copyright.

Using "Squishmallow" anywhere in the listing to describe or tag an unlicensed item, including phrases like "Squishmallow dupe," "Squishmallow inspired," "fits Squishmallows," or "Squishmallow alternative." Putting "inspired by" or a ™ symbol in front of the name does not make it legal — courts and Etsy both look at whether you're using the brand to sell your product.

Listing crochet patterns that are clearly designed to reproduce a specific Squishmallow character, or that use the trademarked name in the title.

Digital files, SVGs, or printables that reproduce Squishmallow characters or logos.

A ™ symbol is not a shield. Many sellers write "Squishmallow™ inspired" thinking the symbol protects them. It does the opposite — it proves you knew the term was a trademark and used it anyway. Remove brand names entirely from unlicensed listings.

If you accumulate enough of these takedowns, Etsy can suspend your shop entirely. We cover how the strike system works in How Many Trademark & IP Strikes Before Etsy Suspends Your Shop.

What you can legally sell

There is a narrow but real set of products that don't infringe. The line is between selling your own original design versus selling a copy of theirs.

Genuinely original plush in a different design language. You can design and sell soft plush toys, including round or "squishy" ones, as long as they don't copy the specific Squishmallows trade dress. That means a different overall silhouette, your own face style (not the minimalist Kawaii embroidered face), your own color treatment, and your own texture/fabric choices. The further your design sits from the Squishmallows look, the safer you are. Build your own brand identity instead of orbiting theirs.

Accessories that fit Squishmallows — described carefully. Outfits, clothes, carriers, beds, or display stands sized for Squishmallows occupy a grayer but more defensible zone, because of the nominative fair use doctrine. Nominative fair use lets you reference a trademark when it's necessary to describe what your product is compatible with — but only the minimum necessary, and without implying the brand endorses or made your product. In practice that means a phrase like "fits 8-inch round plush toys" is far safer than "Squishmallow clothes," and you should never use the logo or character art. Even then, Etsy may still remove aggressive listings, and rights holders dislike this category, so proceed knowing it carries risk. The same compatibility logic applies to other branded dupes — see our guides on selling Stanley tumbler dupes and selling Lululemon dupes, which face the same trade-dress and design-patent issues.

Authentic, used Squishmallows under the first-sale doctrine. If you bought genuine Squishmallows, you can resell those specific physical units. The first-sale doctrine lets you resell a legitimately purchased branded item. You may use the brand name truthfully to describe what it is ("authentic used Squishmallow, Cam the Cat, 16 inch"). You cannot manufacture new ones, and you cannot use the brand to sell anything that isn't the genuine article.

Don't forget toy safety law

Even a 100% original plush that avoids every IP problem still has to comply with U.S. children's product safety law if it's marketed to kids. Plush toys for children under 12 are subject to CPSIA and ASTM F963 toy-safety testing, and you need a Children's Product Certificate. If you add weighted beads or pellets, there are additional safety considerations. Two listings can be IP-clean and still get you in trouble for skipping safety compliance, so read our guides on selling handmade toys and ASTM F963 testing and selling weighted plushies.

A practical checklist before you list

Before you publish any plush or plush-adjacent product, run through this:

First, does the item copy the Squishmallows shape, texture, or face? If yes, redesign it or don't list it. Second, does the word "Squishmallow" (or a misspelling) appear anywhere in the title, tags, description, shop name, or images? If yes, remove it unless you're truthfully reselling a genuine unit. Third, are you reproducing a specific named character's design and colors? If yes, that's a copyright problem — make it your own. Fourth, if it's a children's plush, do you have your ASTM F963 testing and Children's Product Certificate? Fifth, if you ever receive a cease-and-desist letter or an Etsy IP notice, don't ignore it and don't argue with the rights holder directly — we walk through the right response in What to Do When You Get an Etsy Cease and Desist Letter.

Bottom line: The Squishmallows "dupe" market is one of the most heavily policed niches on Etsy, backed by a Berkshire Hathaway company that sues. The money is real, but so is the enforcement. Sellers who build an original plush brand can thrive; sellers who copy will spend more time fighting takedowns than making sales.

Protect your shop before the takedown arrives

The hardest part of selling on Etsy in a hot niche isn't designing the product — it's knowing which of your listings is quietly sitting on a trademark or trade-dress landmine before a rights holder finds it. By the time you get the email, the strike is already on your record.

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This article is general information, not legal advice. IP law is fact-specific; consult a qualified attorney about your particular products.

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