Different Squishes?! Squishmallows vs. Squishables

If you read my previous post, you might recall that I mentioned Squishmallows, which are immensely popular plushes (see recent O-Week themes). As it turns out, during my writing process, I confused Squishmallows with Squishables, which are a similar product from a different company. In an initial draft I linked to the wrong website, and was uncertain why the exact PSL plush I was looking for didn't appear. Thankfully, a more knowledgeable friend helped me find the correct reference and website.

This got me thinking about the IP aspects of the squishies, in particular trademarks. Since these companies are almost certainly in direct competition, it makes sense that they would want to protect their products when possible.

This is a Squishmallow

This one is a Squishable

I clearly do not know the difference between them, since I had no idea they were different products. But perhaps learning about IP will help me! Besides, I could really use some practice with the New Trademark Search.

Oh my gosh are there a LOT of registered marks for Squishmallows! Just the word mark alone has some 27 registrations. Of those, two are for the actual plush toys, nos. 5454574 and 6457232. There is another in the application process, serial no. 97735837, but it's not associated with the same company. None of the marks with plush goods have a specific appearance. Those are either for games or Christmas ornaments (serial nos. 90676140 and 90676105) but they include the word "original".

Serial no. 90676105, but not for the plush

Serial no. 90676140, also not for plush

One Squishmallow mark that is kind of an image and for plush toys is Squishmail (also a word mark under a different serial number). Unfortunately, the Squishmails do not have a promising future, as the company that owns Squishmallows, Kelly Toys, is appealing a final refusal for registration. It worked out in other jurisdictions, as the TSDR record shows an international registration, no. 1652225 (same for the word mark).

I have no idea what this is, but its cute

Squishables has their own set of trademarks, if fewer. They've protected certain aspects of different plush toy lines, which I found interesting. For example, Squishable GO! (registration no. 6580804) is specifically for vehicles like dump trucks, fire trucks, or trains. 

For your vehicular plush

These seem made to appeal to a very young audience, which contrasts with other Squishables that are likely to appeal to only adults or near adults. What plush might that be, you ask?

Well, one is the line of Boozy Buds, which has both the basic word mark (registration no. 6457777) and a design version (registration no. 6457778), and consists of plush alcoholic beverages. 

A Boozy Bud, probably a Bloody Mary

The actual trademarked Boozy Buds design

Another is The Mysterious Doctor Plague line, which also has a basic word mark (registration no. 6457715) and a designed word mark (registration no. 6457716).

This specimen displays both the trademarked font design and the relevant plush

Both of those are clearly intended for a more mature audience.

Of course, the trademark doesn't stop Squishmallows from making their own plague doctor plush; I heard that it came out after the Squishable version. It just stops them from infringing on the use of the word mark or the designed words in reference to plush toys. Since this one is named Aldron the Plague Doctor, it seems to go unchallenged.

Finally, it appears that Squishables were around first. Or their trademarks were filed first--to the best of my searching knowledge. More research into the companies and dead trademarks would be required.

In conclusion, I've learned a lot about the extensive number of Squishie registrations, but I didn't learn much about how they're different--but I can tell the names apart now and I definitely understand the different parent companies. Just don't ask me to buy a specific plush, I'm sure I'd mess that up.

Perhaps I should take a look at design patents? Hmmm...