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Judge denies Alibaba's request to dismiss Squishmallows counterfeit lawsuit

FILE - The Alibaba logo is seen outside a building in Beijing on Nov. 16, 2021. A judge in New York has ruled that Alibaba must face a lawsuit by a U.S. toymaker alleging that the Chinese ecommerce gi

Once again, the plot thickens in the world of ecommerce as a judge in New York has ruled that Alibaba, the Chinese ecommerce behemoth, must face a lawsuit filed by a U.S. toymaker. And what's the accusation? Selling counterfeit Squishmallows, of all things!

In a twisty turn of events, Judge Jesse Furman of the Southern District Court of New York has kindly denied Alibaba's request to dismiss the case brought forth by Kelly Toys Holdings, the creators of those adorable plush toys that we all know and love. Kelly Toys, owned by the toy company Jazwares, which itself is under the watchful eye of billionaire Warren Buffett's Berkshire Hathaway, means business when it comes to protecting its brand.

Now, you must be wondering, why on earth would anyone counterfeit Squishmallows? Well, my curious friend, that is a tale shrouded in mystery. But what we do know is that Kelly Toys has been fighting tooth and nail to thwart these shady merchants from selling knockoff Squishmallows on Alibaba's online platforms.

Kelly Toys had previously filed multiple lawsuits urging the culprits to cease their dubious activities, yet despite their efforts, the sales of fake Squishmallows persisted. And that's when Alibaba took center stage on the legal battlefield, being named as a defendant in the case back in March.

Alibaba, being the savvy corporation it is, tried to dismiss the case based on a technicality. They argued that they were incorrectly named in the lawsuit as Alibaba.com instead of their formal corporate name. But alas, Judge Furman was having none of it. He deemed the claims made by Kelly Toys to be plausible and denied Alibaba's motion to dismiss.

So, the battle rages on, with Kelly Toys accusing Alibaba's platforms of allowing infringing listings to proliferate. Despite previous legal actions and demands, the alleged counterfeit Squishmallows continue to pop up on Alibaba's digital stomping grounds.

While Alibaba, China's largest ecommerce company, has yet to comment on the ruling, one thing is clear: this lawsuit is far from over. It seems that the world of ecommerce and counterfeit goods will forever be intertwined, creating a web of intrigue that even shipping magnate Warren Buffett couldn't resist keeping an eye on.

Will Kelly Toys emerge victorious in their quest to vanquish the counterfeit Squishmallows? Only time will tell. But one thing's for certain: this legal battle is one for the history books, filled with plush toys, online platforms, and a touch of billionaire intrigue. Stay tuned for the next chapter in this enthralling saga of commerce and counterfeits.

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