
Imagine receiving a cease-and-desist letter informing you that products you're selling infringe on intellectual property rights, potentially exposing your business to substantial damages or even closure. For e-commerce sellers, this nightmare scenario is becoming increasingly common.
The latest legal battleground involves Antsy Labs, LLC's Fidget Cube—a popular stress-relief toy that secured U.S. copyright protection (Registration No. VA 2-136-244) on June 30, 2017. The company, represented by powerhouse law firm Boies Schiller Flexner LLP (BSF), has been aggressively pursuing copyright infringement cases against online sellers.
Recent Legal Actions
- August 7, 2024: BSF filed case 24-cv-61436 targeting sellers of alleged Fidget Cube knockoffs
- June 24, 2024: Case 24-cv-22425 initiated against similar products
- September 18, 2023: Earlier action under case 23-cv-23571
The Fidget Cube Phenomenon
Created by brothers Matthew and Mark McLachlan through their design studio Antsy Labs, the Fidget Cube debuted in August 2016 and quickly became a global sensation. The palm-sized device features multiple interactive components—including switches, gears, rolling balls, a joystick, spinning discs, worry stones, and buttons—designed to help users manage stress through tactile stimulation.
Protection Strategies for Sellers
Online merchants should take immediate precautions to avoid legal exposure:
- Conduct inventory audits: Scrutinize all stress-relief products, particularly those resembling the Fidget Cube's distinctive design
- Remove questionable items: Immediately delist potentially infringing products to mitigate liability
- Verify copyright status: Confirm proper licensing before selling any similar products
- Seek legal counsel: Consult intellectual property specialists upon receiving any legal notice
In today's competitive e-commerce landscape, compliance remains the foundation for sustainable business growth. What begins as a simple stress-relief product could unexpectedly transform into a source of significant legal tension for unprepared sellers.