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Commercial Awareness Compass

Why Jellycat is taking top British retailers to court over smiley croissants

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Henry Nelson Case

Henry is a 7 year qualified commercial lawyer with experience on a whole host of commercial contracts, having gained exposure to a diverse range of work through both working in-house and in private practice. Alongside working as lawyer, Henry also creates content on social media – where he strives to promote the importance of mental health and wellbeing in the workplace and challenges toxic corporate behaviours.

Published Thu, 25 Jun

Currently, UK’s top lawyers are looking very closely at smiley croissants, as premium plush toys have become the newest trademark battleground. 

British brand, Jellycat, has issued legal claims against retailers Hamleys, Next, and Bessie London for trademark infringement and passing off, claiming they are copying the manufacturer’s distinctive smiley-faced, anthropomorphic plush toys and accessories. 

Meanwhile, the retailers are capitalising on social media virality by flooding the market with cheaper lookalikes, sometimes even in the same shops as genuine Jellycats. Why would an authorised reseller risk its contract to sell lookalikes? Can a brand protect anthropomorphic foods? And is there a new dupe culture shifting risk appetites?

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