直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

Jellycat’s ‘Dupe’ Dilemma: Can IP Protect a ‘Cute’ Aesthetic?

September 16, 2026

World Intellectual Property Review

Jellycat, a London-based plush toy company, is on a quest to protect its intellectul property rights. The company has started a litigation campaign to combat "dupes" and other alleged copies.  

Recently, they lost a design infringement case against Keel Toys when the Higher Regional Court of Nuremberg overturned an injunction blocking sales of Keel’s Bakery Sweet Treats Collection. The dispute centered on Jellycat’s popular anthropomorphic plushies styled as everyday items such as croissants, coffee cups, sushi, avocados, houseplants, and the like. 

The court dismissed Jellycat’s assertion that Keel had copied its Amuseable line, stating that the general concept of creating plush versions of common bakery items with human characteristics could not be monopolized through IP rights.  

This case demonstrates the challenges relating to trademark and copyright claims. Finnegan partner Sarah Husslein told World Intellectual Property Review that, “Lookalike products often avoid using a brand owner’s trademarks, making trademark infringement claims more difficult to establish. Passing off can also be challenging because consumers are frequently aware that they are purchasing an alternative product rather than the original.” 

Copyright, she continues, raises a “different” question. “The focus is not on consumer confusion but on whether the defendant has reproduced, without permission, the claimant’s protected artistic expression in whole or in a substantial part.” 

She added, “this claim arguably complements a design infringement claim, which protects the appearance of a product and focuses on whether the defendant has reproduced the design or created the same overall impression.” 

Read “Jellycat’s ‘Dupe’ Dilemma: Can IP Protect a ‘Cute’ Aesthetic?” 

Related Practices

Global IP Enforcement, Litigation, and Trials

Trademark Litigation and Trials

Trademark and Brand Management

Copyright

Related Industries

Consumer Goods and Services

Consumer Products

Related Offices

London

Related Professionals

Sarah Husslein
Partner
London
+44 (0)20 7864 2855
Email

Related News

Award/Ranking

JUVE Patent Recognizes Finnegan for Patent Litigation in Germany

October 30, 2026

Commentary

Oura Targets Ultrahuman’s Redesigned Smart Ring Following Import Ban

October 29, 2026

Commentary

Dallas Cowboys Cheerleaders Sue My Chemical Romance

October 29, 2026

Commentary

Grey Areas Haunt Victoria’s Secret ‘Pink’ Coexistence Pact

October 23, 2026

Award/Ranking

Finnegan Shortlisted for Two ALB Korea Law Awards 2026

October 23, 2026

Award/Ranking

Six Finnegan Partners Named to IAM 2027 Global Leaders Guide

October 21, 2026

Commentary

Finnegan Betting on Investments in Becoming Global One-Stop IP Shop

October 12, 2026

Award/Ranking

Finnegan Recognized Again Among Germany’s Leading Law Firms

October 9, 2026

Press Release

Finnegan Secures Summary Determination of No Violation in ITC Vehicle Space Guards Investigation for Drop Stop

October 6, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP