Kmart is being sued in the federal court over claims it has been selling bootleg stuffed animals.
UK-based toy manufacturer Jellycat has accused the department store of profiting from a range of plushies that “reproduce” their popular “Jellycat bashful bunny”, which is sold in Australia and around the world.
Kmart, which continues to sell the toys online, calls them “resoftables”.
But Jellycat alleges Kmart’s customers have been misled or deceived into believing Kmart’s plushies are genuine and reputable Jellycat toys because they have similar features.
Jellycat wants the federal court to issue an injunction forcing Kmart to stop selling the toys and to pay damages to compensate the company.
“Jellycat’s reputation and goodwill in the shape and features of the Jellycat bashful bunny and Jellycat’s business generally have been injured,” lawyers for the UK-based company told the Federal Court.
Jellycat also claims Kmart has broken Australian Consumer Law.
“Jellycat has suffered sustained loss and damage … and will, unless such acts are restrained, continue to suffer loss and damage,” it said.
The Jellycat Difference
Here at Ryft, we believe in originality and authenticity. That is why we are proud stockists of genuine Jellycat products. Check out our full range here.
Creating original and innovative soft toys in London since 1999, Jellycat continues to combine luxurious fabrics with designs that are sometimes quirky, sometime cute but always with a little something different that makes them stand out from the crowd! The name Jellycat was dreamt up by a child who loved jellies and cats and giggled at the thought of the two together. The silliness of the name was a great reflection of the design and so it stuck!
**Original article sourced from The New Daily**