German Court rules in dispute with Jellycat and Keel Toys
The Higher Regional Court of Nuremberg has ruled in favor of Keel Toys in a design infringement dispute with Jellycat, finding that the general concept of creating plush versions of common bakery items with human features is not protected by intellectual property rights.
The case
The case stemmed from an emergency preliminary injunction obtained by Jellycat during the Nuremberg Toy Fair on January 29. The injunction alleged that Keel Toys’ Bakery Sweet Treats scented plush doughnut and croissant, featuring faces and legs, infringed Jellycat’s registered Amuseables designs. The order resulted in the removal of products from Keel Toys’ exhibition stand and barred the company from selling the range in Germany.
During an appeal hearing in May, Jellycat argued that its registered designs deserved broad protection, while Keel Toys highlighted differences in the products’ appearance, including the style and placement of the eyes, the design of the legs, materials used, and the overall shape of the croissant.
Keel Toys also presented evidence that anthropomorphic food-themed toys and illustrations had existed before Jellycat’s design registrations. The company cited its own Bobballs plush range, first launched in 2013 and expanded in 2019, as well as Moose Toys’ Shopkins collection, introduced in 2014, which included humanized doughnut and croissant characters and later plush versions.
Result of the June ruling
In its June 25 ruling, the court overturned the preliminary injunction and dismissed Jellycat’s claim. The judges concluded that the underlying idea of producing plush bakery items with human characteristics is a general design concept that cannot be monopolized through intellectual property rights. Jellycat was ordered to pay the legal costs, and the judgment is final with no further appeals permitted.
Keel Toys Managing Director Richard Keel welcomed the decision, saying it establishes that no company can claim exclusive rights over the general category of food-themed plush toys and described the ruling as an important precedent for the toy industry.