The cute yet cheeky Labubu doll has become a global hype in 2025. What began as a niche art project by Hong Kong designer Kasing Lung has, through toy producer Pop Mart, grown into an international phenomenon. Fans queue for hours to get their hands on one of the famous blind boxes, never knowing exactly which character they will find inside. That success, however, comes with a downside. Even at my seven-year-old daughter’s school, the Labubu fever is real. Children talk about the “seven differences” a doll can have and ask each other: do you have a Labubu or a Lafufu? The name Lafufu explicitly refers to a fake or counterfeit doll. They compare details such as the number of teeth, whether the head turns, the positioning of the ears and whether the texture feels just as soft.
From an intellectual property perspective, that belief in “seven differences” is misguided. The Lafufu figures are almost indistinguishable from genuine Labubu dolls and, at a certain point, they were even easier to find than the originals. This raised a classic IP question: where does inspiration end and imitation begin?
Pop Mart reacted swiftly and decisively. The company initiated legal actions based on copyright and trademark infringement, unfair competition and consumer deception. The situation escalated further when counterfeit products appeared under names such as “ROR MART” or “The Monsters Collection”, clearly echoing Pop Mart’s registered trademarks “POP MART” and “The Monsters”.
The manufacturers of the Lafufu dolls argued that their products were merely “inspired” by the broader genre of cute monster figures, rather than copied from Labubu itself. That argument, however, becomes difficult to sustain when the overall appearance, packaging and naming conventions closely mirror those of the original products.
The character Labubu was originally created by Mr Lung in 2015 and first appeared in a children’s book. His collaboration with Pop Mart began only in 2019, the same year the design was filed in China. European and international trademark registrations, however, followed much later, only in 2024, which is remarkably late for a brand that had already achieved global recognition.
Under Article 9 of the EU Trade Mark Regulation, a trademark owner may oppose the use of any identical or similar sign for identical or similar goods where such use is likely to cause confusion. In the case of Labubu and Lafufu, the strong visual resemblance, combined with nearly identical packaging and presentation, makes consumer confusion highly likely. In the EU, the assessment focuses on the overall impression left on the consumer, and in impulse purchases such as toys, that overall impression is often decisive.
Design law offers an additional layer of protection. Under the EU Design Regulation, a design is protected if it is new and has individual character. In this case, however, Pop Mart could no longer meet the novelty requirement in either Europe or China, making registered design protection unavailable. The company did benefit temporarily from the unregistered European Union design right, which grants three years of protection. A registered design would have extended that protection to up to twenty-five years.
Today, Pop Mart relies primarily on its copyright and its trademark rights, and with success. The company has already won several cases, including proceedings against a 7-Eleven retailer selling Lafufu dolls. In addition, even where formal IP rights are under pressure, Pop Mart can still rely on unfair competition rules, such as those laid down in the Belgian Code of Economic Law. European customs law also enables brand owners to block counterfeit goods at the border when registered rights are infringed.
The moral of the story is simple but crucial: protection belongs at the start of creation, not after success. Trademark and design strategy should be part of the business plan from day one, not an afterthought once a product goes viral. In today’s world, a brand can achieve global reach almost overnight.
Whatever the product, early investment in intellectual property protection helps secure the creation, strengthen market position and transform viral popularity into lasting brand value.
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