26-cv-13163 | Squishmallows Trademark Owner Kelly Toys Sues: Plush Toy Sellers Should Check

Case No.	26-cv-13163
Plaintiff / Brand	Kelly Toys Holdings, LLC
Plaintiff's Counsel	To be updated
Court	N.D. Illinois
Filed	October 26, 2026
Status	Filed
IP Type	To be updated (complaint not yet public)

Case overview

Plaintiff: Kelly Toys Holdings, LLC (per USPTO records compiled by Justia, SQUISHMALLOWS and other trademark filings are listed under its name)
Court: U.S. District Court for the Northern District of Illinois
Filed: October 26, 2026
Status: Filed. The plaintiff also filed a ‘Leave to File’ procedural document the same day, which in Schedule A cases is typically used to seek leave to file the defendant list and other materials under seal.

The complaint and Schedule A defendant list are not yet public; the rights and products at issue will be updated.

What may happen next

Schedule A plaintiffs usually move for a TRO within days of filing. Once granted, marketplaces freeze defendants’ funds.

Seller checklist

Check titles and keywords for Squishmallows, Squishmallow, and similar names
Check whether main images, packaging, or hang tags resemble or copy official Squishmallows material
Watch round plush toys that closely resemble its popular characters in shape and color

Already frozen?

Keep the platform notice, emails from plaintiff’s counsel, affected listings, and sales records. Hold off on replying to the plaintiff or signing anything, and have counsel review the case. See: Store Frozen by a TRO: The First 72 Hours.

Sources

This alert is compiled from public court records for general information only. It is not legal advice and does not create an attorney-client relationship. Case status may have changed; refer to the official court record.