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Lawsuits pitting one plush toy against another have brought trade dress law to the forefront. At the heart of the battle is whether there are protectable nonfunctional elements in Kelly Toys’ Squishmallows such that Build-A-Bear’s use of similar elements in its Skoosherz constitutes trade dress infringement.        

When a federal appeals court judge asked if the plaintiffs’ attorney thought district judge’s decision was final since it still left the opportunity to amend, the attorney said she did not believe the plaintiffs could refile because the judge struck down their merits claims.        

To learn more about how the Roundup litigation has taken shape since trials began in 2018, check out this interactive map of verdicts.        

Tell us which lawyers, firms and litigation departments deserve recognition for influencing and inspiring the legal community by May 24.