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.
Federal court filings seen by The New Daily claim Kmart and its supplier, Headstart International, have “refused to comply” with demands to stop selling the toys, which Jellycat claims are being “passed off” as its own.
Kmart, which continues to sell the toys online, calls them “resoftables”.
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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.