The Orb Factory sues J'Adore Official over "Spiky Squishy Orb" and "Magic Orb" sensory toys

What was filed

The case is The Orb Factory Limited v. J'Adore Official Corp., No. 1:26-cv-09656 (S.D.N.Y.), filed November 4, 2026, ECF No. 1 (11 pages), with a jury demand. The complaint says The Orb Factory Limited is a limited company based in Halifax, Nova Scotia, Canada, that designs, makes, and sells children's toys, and that J'Adore Official Corp. is a Florida corporation based in Miami, Florida. It pleads personal jurisdiction under N.Y. C.P.L.R. § 302(a)(1), alleging on information and belief that J'Adore transacts business or contracts to supply goods in New York, and venue in the district, alleging on information and belief that the accused products are marketed and sold through retail channels serving consumers there.

The marks

The complaint says Orb has used ORB in the United States since at least 1993 for children's toys and claims common law rights in the ORB mark, including through acquired distinctiveness. It lists seven ORB formative registrations, and USPTO TSDR shows each as live and owned by The Orb Factory Limited: ORB EASY SQWEEZY, U.S. Reg. No. 8,209,849 (registered April 14, 2026), for squeeze toys and sensory toys in Class 28; ORB FUNKEE in a color design, U.S. Reg. No. 8,286,506 (registered June 2, 2026), for stretchable toy figures, sensory stimulating toys, and children's educational toys in Class 28; ORB MOCHEEZ, U.S. Reg. No. 5,991,925 (registered February 18, 2020), for collectable toy figures and accessories in Class 28; ORB ORGAN-ICKS, U.S. Reg. No. 6,175,941 (registered October 13, 2020), for toy putties and moldable gels in Class 28; ORB FLOWTONIA, U.S. Reg. No. 6,201,830 (registered November 17, 2020), for modeling compounds in Class 16 and toy putty and toy dough in Class 28; ORB CLOUDPUFFZ, U.S. Reg. No. 6,176,544 (registered October 13, 2020), for modeling sets in Class 16 and toy figures and building sets in Class 28; and ORB ARCADE, U.S. Reg. No. 6,584,752 (registered December 7, 2021), for plastic capsules filled with collectible stickers and other printed matter in Class 16 and with collectible toy figures in Class 28. The complaint also lists a pending application, Serial No. 99940267, for ORB in a stylized design, for squeeze, squishy, sensory, fidget, and stress relief toys in Class 28. TSDR shows that application was filed July 14, 2026, for ORB on a blue globe design in Classes 14, 16, and 28, and that a non-final Office action issued September 2, 2026.

What the complaint alleges

The complaint alleges, on information and belief, that J'Adore markets and sells squeeze and sensory toys under the J'Adore brand bearing the designations "Spiky Squishy Orb" and "Magic Orb," and that ORB appears prominently on packaging and in online listings. It alleges the products compete directly with Orb's toys, are marketed to the same general class of consumers through overlapping channels, including national retailers, specialty toy stores, and online marketplaces, and are likely to cause confusion. It says Orb did not license or authorize the use and alleges, on information and belief, that J'Adore knew of Orb's prior use and deliberately adopted or continued the names to capitalize on Orb's goodwill.

The claims and relief requested

The complaint pleads five counts: registered trademark infringement under 15 U.S.C. § 1114(1); false designation of origin under § 1125(a)(1)(A); federal unfair competition under § 1125(a)(1)(A); trademark infringement under New York common law; and unfair competition under New York common law. It asks for preliminary and permanent injunctions against using the two designations or other ORB designations likely to cause confusion for sensory, squeeze, or related toys, corrective and recall measures, delivery for destruction under § 1118, a sworn compliance report under § 1116(a), an accounting of profits and damages with enhancement and trebling under § 1117(a), punitive damages under New York law, interest, costs and attorney's fees, and a declaration that the case is exceptional.

Docket

The docket shows the complaint and five further entries filed with it. Watch for service on J'Adore and its answer or a motion.