Pillow Fight Knocks Out Snuggly Plushez

A federal court has told Snuggly Plushez to stuff its Google AdWords campaign that uses its rivals Pillow Pets trademark.

Snuggly Plushez makes a plush toy in the shape of an animal that unfolds into a flat pillow—the same product that its competitor CJ Products markets under the “Pillow Pet” name and other trademarks.  CJ Products sued Snuggly Plushez for copyright and trademark infringement and false advertising.  The trial court granted CJ’s request for a preliminary injunction.

“A visual examination of the products at issue in this case reveals that they are virtually identical,” the court found.  “At the preliminary injunction hearing, defendants were utterly unable to articulate any substantial differences between the products, apart from a difference in eye design and, in some instances, minor variations in color. . . .The differences between the products are simply dwarfed by the commonalities such that an ordinary observer would likely be unable to distinguish them.”

The court found that Snuggly Plushez engaged in false advertising when it used the phrase “As Seen on TV” on its website and on tags because Snuggly did not advertise on television, but CJ did.  The court found the reason for using the phrase “was apparently to cause confusion among customers regarding the source of the product, and to reap the benefits of plaintiffs’ extensive advertising campaign.”  The court also found that Snuggly Plushez engaged in false advertising when it said its products were “authentic” and “official.”

The court further enjoined Snuggly Plushez from buying Google AdWords for the phrases “Pillow Pets” and “My Pillow Pets.” The court concluded that because Snuggly Plushez uses a phrase similar to CJ’s trademark in order to direct customers to another website that sells a similar product that violates CJ’s trademarks, it would grant an injunction prohibiting the purchase of the Google AdWords.

CJ Products LLC et al. v. Snuggly Plushez, LLC, et al., Eastern District New York No. 11 CV 0715, issued August 22, 2011.