What Do You Meme sues Ideal Toys Direct over alleged EMOTIONAL SUPPORT plush toys sold in bulk

What was filed

The case is What Do You Meme, LLC v. Ideal Toys Direct, Inc., No. 1:26-cv-09627 (S.D.N.Y.), filed November 3, 2026, ECF No. 1 (12 pages), with a jury demand. The complaint describes What Do You Meme, LLC as a Delaware limited liability company based in New York, New York, and Ideal Toys Direct, Inc. as a Washington corporation with its principal place of business in Everett, Washington. The complaint says it is made on knowledge as to the plaintiff and otherwise on information and belief. A November 4, 2026 case-opening notice assigns the case to Judge J. Paul Oetken, and a docket entry the same day designates Magistrate Judge Katharine H. Parker to handle matters that may be referred. The docket also shows an electronic summons issued November 4, 2026, an AO 120 trademark notice the same day, and a November 5, 2026 order for an initial pretrial conference.

The marks

United States Patent and Trademark Office records list What Do You Meme, LLC as the owner of three Class 28 registrations for stuffed and plush toys: U.S. Reg. No. 7,497,419 for EMOTIONAL SUPPORT, registered September 3, 2024 on the Supplemental Register, Serial No. 97/099,026, with first use and first use in commerce claimed as of July 2022; U.S. Reg. No. 7,566,639 for EMOTIONAL SUPPORT PALS, registered November 12, 2024 on the Principal Register, Serial No. 97/831,827, with a disclaimer of "EMOTIONAL SUPPORT" and first use and first use in commerce claimed as of June 16, 2024; and U.S. Reg. No. 6,902,855 for EMOTIONAL SUPPORT FRIES, registered November 15, 2022 on the Principal Register, Serial No. 90/847,708, with first use and first use in commerce claimed as of July 2022. TSDR lists all three as live, issued registrations; for Reg. No. 6,902,855, the status reads that the Trademark Trial and Appeal Board has terminated a cancellation proceeding, with a status date of September 3, 2026. The complaint asserts those three registrations and common-law rights in EMOTIONAL SUPPORT branded plush products.

What the complaint alleges

The complaint alleges that Ideal Toys is the manufacturer and distributor of a line of plush products sold as wholesale bulk items using the trademark EMOTIONAL SUPPORT, without approval or authorization. It alleges that the accused use is identical to the registered EMOTIONAL SUPPORT mark on identical stuffed and plush toy goods, and that the use creates a likelihood of confusion and, upon information and belief, has caused consumers to believe the accused products are affiliated with, endorsed by, or connected to What Do You Meme. It alleges, on information and belief, that Ideal Toys obtained physical possession of or otherwise viewed What Do You Meme's goods before creating the accused products, and that the accused products are offered and sold throughout the United States, including into the Southern District of New York. It alleges the conduct is willful.

Claims and relief

Count I is trademark infringement under 15 U.S.C. § 1114(1)(a). Count II is New York common-law trademark infringement. Count III is false designation of origin under 15 U.S.C. § 1125. Count IV is unfair competition under 15 U.S.C. § 1125. The prayer seeks a permanent injunction against use of the EMOTIONAL SUPPORT marks or confusingly similar marks, profits and damages with costs and attorney fees under 15 U.S.C. § 1117, trebling under § 1117(b) if the conduct is declared willful, compensatory, consequential, statutory, and punitive damages, delivery up for destruction under § 1118, an accounting, a written compliance report, an injunction against making or selling the accused products, a recall of the accused products, and interest.