Recently on social media, a viral craze for a certain collectable plush toy has blown up. This would be what is known as a “Labubu” and they have flooded the markets recently worldwide. In 2024, it was estimated that Pop Mart (the company that owns Labubu) had seen a 726.6% increase in sales from their ‘THE MONSTERS’ collection which included Labubu. With this rise in popularity, there has also been a rise of counterfeits being created to look exactly like Labubu but are being sold for cheaper in corner shops and on major E-commerce platforms. Popmart has not left this unrecognised and with their extensive coverage of trademarks over, not only the Labubu name but the actual design and appearance of the dolls, they have sought out to make sure the counterfeits do not flood the market and that its name does not become prone to genericide. On July 18th 2025, Popmart filed a complaint in the U.S District Court for the Central District of California that alleged 7-Eleven and eight of its California franchises have contributed to the flood of counterfeit Labubu toys that have invaded the market by selling fake figures that are ‘virtually indistinguishable’ from the real thing. The fake Labubu- which have been dubbed ‘Lafufus’- are being called practically identical both in packaging and the actual plush toy.
This would not be the first time Popmart has taken legal action over counterfeits being sold and their brand being used without consent. In 2024, they sent cease and desists to businesses in Singapore and Taiwan targeting businesses such as Playmade (a bubble tea shop) and local clothing shops to stop the use of Labubu themed campaigns in order to promote their businesses. In China, their efforts have also been supported by local authorities to stop the spread of these counterfeits. Yiwu market, a hub for counterfeit toys, removed all fake Labubu figures overnight.
Popmart’s Intellectual Property Portfolio
Popmart’s case centres mainly on their extensive and impressive IP portfolio. They have registered for over 70 copyrights for Labubu and almost 2,200 trademarks in China alone. Additionally through the Madrid system, the company has filed for trademark protection in key markets such as the United States, the United Kingdom and the European Union to ensure their brand is recognised and protected globally. This is important because a lot of its trademarks cover the specific trade dress of their product “a wide ear to ear grin, with nine sharp teeth, contrasted by a prominent brow that gives the eyes a constant frowning look; slender vertical oval eyes, a small inverted triangle nose and and two pointed ovoid ears atop its head; and a plump oval body with short arms, four-fingered hands, and claw-like toes that complete its distinctive fantasy-creature appearance. The company states that consumers have come to associate that design specifically to Popmart due to their marketing, influencer endorsements (such as K-Pop star Lisa from Blackpink) and viral social media campaigns. Popmart also has more than two dozen trademarks on their packaging alone. Surprisingly, despite the Labubu brand being created in 2015, the work mark ‘Labubu’ was only protected in the UK by Popmart in 2024.
Digital fabrication and its effect on Labubu
One case in particular has become a landmark copyright case as a Chinese court has recently ruled in favour of Popmart, awarding them 10,000 RMB in damages after a defendant was found selling 3D printed replicas of Labubu without permission. The defendant failed to attend court and although Popmart could not prove the economic losses that had occurred, the court determined infringement of distribution and online dissemination rights had clearly happened. This is a significant case because it represents the growing complexity of copyright in a world where AI and digital fabrication is becoming increasingly popular. Designer toys often have a mix of IP protection like registered trademarks and industrial patents but when 3D printing becomes a factor, the traditional boundaries become more unclear. With platforms such as MakerWorld hosting hundreds of Labubu inspired 3D printing files, people can create figures using cheap desktop 3D printers for as little as 0.50 US dollars, which makes the profit margin for 3D counterfeits extremely high. Obtaining a digital model file for a character like Labubu, even if it was originally for personal use, can instantly enable the reproduction of physical products. The moment where these files are shared or sold, even if printing has not taken place, could be a case of copyright infringement under the reproduction right. Additionally distribution or sale of the 3D printed versions escalate to direct violation of dissemination rights. In the wider context, this case has set a crucial example for protecting IP in the age of digital fabrication, where a single file can lead to mass counterfeiting.
What can other businesses learn from Popmart?
- IP is a valuable asset- Designs, names and the brand itself is the core to their business, protecting them legally is not optional but rather a necessity for a business’ survival and growth.
- Be proactive- Don’t wait for counterfeits to decrease your business’ profits, and instead make sure you’ve registered your copyrights and trademarks early, so you can be prepared to use them/
- Legal Action is a powerful deterrent- Every lawsuit and takedown notice that occurs can send a strong message to other companies out there that wish to possibly create cheaper knock-offs in the future, that your business will not allow infringement.
- Protect your brand’s integrity- By allowing unauthorised use of your IP, even if it feels like it’s free marketing, it could devalue your brand and confuse consumers.
By Lilly-Jane Hopkins of Christ the King College, Isle of Wight.
