One might think for a doll to capture market it must be visually appealing or popular among kids, that is the convention as we knew it. However, 2025 saw the emergence of an ugly-cute, playful and funky looking doll that created a frenzy that goes by the name Labubu. Being sought after by influencers, celebrities and even auctioned for generous sums, this doll conquered the global market.
Designed by Hong Kong artist Kasing Lung and commercialized by Chinese toy giant Pop Mart, it first appeared in 2015 but recently gained immense popularity and global attention primarily after being endorsed by global pop sensation Lisa and eventually followed by several other celebrities.
This is Pop Mart's collectible doll and adopted the "blind box" strategy with an element of surprise with each purchase which encouraged repeat purchases and fuelled a collector's market with rare Labubus fetching thousands of dollars on resale platforms.
The journey of Labubu is one for books. From being a mischievous looking doll to being a global sensation is not something seen every day. Pop Mart did several things differently to make it happen. Their approach went beyond marketing and business operations and created a remarkable IP and legal strategy that every business in this era could learn from.
IP Layering in Labubu
The cornerstone of Pop Mart's strategy is the deliberate construction of a multi-layered intellectual property portfolio around Labubu. Unlike ordinary toys, where protection might be limited to a simple design registration, Labubu is shielded through simultaneous use of copyright, trademark and industrial design rights which allowing Pop Mart to enforce airtight exclusivity from multiple legal perspectives.
- Copyright Protection
Under Article 2(1) of the Berne Convention1, literary and artistic works enjoy automatic protection upon creation. Labubu, originating in Kasing Lung's The Monsters (2015), qualifies as a protectable artistic work. Pop Mart has since expanded protection by registering over 70 separate copyrights in China and internationally.
In the 2020 revision of the Chinese Copyright Law, Article 102 rather comprehensively enumerates the exclusive rights of copyright owners which include authors' exclusive rights of reproduction, distribution, adaptation and dissemination. Pop Mart invokes these provisions to combat both physical and digital infringements.
- Trademark Protection
The Chinese Trademark Law's 2019 Amendment through Article 83, protects word marks, device marks and three-dimensional marks. Pop Mart has registered Labubu trademark while also protecting its trade dress. The trademark regime in China is based on first to file principle which Pop Mart achieved through both national registrations and the Madrid Protocol for international security.
The TRIPS Agreement4 sets global minimum standards for trademark protection, mandating protection for any sign capable of distinguishing goods. Through the Madrid Protocol, Pop Mart obtained international registrations covering key markets.
- Design Protection
The TRIPS Agreement5 obliges members to protect independently created designs with novelty. Article 2 of the Chinese Patents Law defines design as "any new design of the shape, the pattern, or their combination, or the combination of the colour with shape or pattern, which is rich in an aesthetic appeal and is fit for industrial application"6 . Pop Mart has registered Labubu's 3D design as well as packaging elements.
Enforcement in Action
- Counterfeit Plush Toys
Labubu's viral success triggered an influx of counterfeits, from plush dolls to unauthorized lookalikes such as 'Lafufu'. Pop Mart has aggressively pursued enforcement, including lawsuits in China and abroad. In 2025, it filed a complaint in the U.S. District Court via Madrid filings but within Asia enforcement has leaned on Chinese courts and customs seizures.
- Customs Enforcement
Both China and India have mechanisms to empower customs officials to intercept counterfeit goods. The Regulations on Customs Protection of Intellectual Property Rights (2018) in China7 allow right holders to record their IP with customs, enabling seizures at ports like Shanghai Pudong. While in India, the Intellectual Property Rights (Imported Goods) Enforcement Rules, 20078 permit recording IP with Indian Customs, leading to border seizures of infringing goods. These align with TRIPS Articles 51–60, which mandates border enforcement against counterfeit goods.
- 3D Printing Infringement
In a landmark decision in China (2024), a court awarded damages against a seller distributing 3D-printed Labubu models, even though economic loss was not proven. The court held that uploading or selling CAD files infringed copyright reproduction and dissemination rights. This reflects a judicial willingness to adapt IP principles to digital fabrication, a critical development as 3D printing proliferates.
- Unauthorised Brand Use
In Singapore and Taiwan, Pop Mart issued cease-and-desist notices against bubble tea shops and fashion outlets using Labubu-themed campaigns. This demonstrates vigilance against 'free riding' that could dilute brand value. Indian jurisprudence offers a parallel, in Daimler Benz v. Hybo Hindustan9, the Delhi High Court restrained the use of 'Benz' on underwear, holding that famous marks deserve strong protection against dilution.
Innovation in IP Protection
Pop Mart has incorporated authentication packaging and embedded QR codes and serialization on packaging, enabling consumers to verify authenticity online. This mirrors Indian practices in the pharmaceutical sector, where serialization under the Drugs and Cosmetics Act combats spurious drugs.
Pop Mart is considering blockchain-based systems to track provenance across the supply chain. Blockchain's immutability could strengthen enforcement by providing timestamped proof of authenticity, an innovation supported by global best practices in luxury and collectibles.
Researchers have proposed 'copymarks' as a hybrid doctrine combining copyright's protection of creative expression with trademark's focus on distinctiveness10. Under Indian law, this resonates with the principle of 'character merchandising' recognized in ICC Development (International) Ltd. v. Arvee Enterprises11, where the court acknowledged the commercial exploitation of characters as protectable.
Broader Implications of IP in the Digital Era
The Labubu case demonstrates not only the importance of intellectual property in traditional commerce but also how emerging technologies are reshaping the boundaries of IP law. Counterfeiters no longer rely solely on physical manufacturing; digital technologies such as 3D printing and AI are creating new vectors for infringement. Pop Mart's experiences show that brands must adapt to these new realities often in advance of legislative reform.
- 3D Printing
The spread of affordable desktop 3D printers and open-source platforms has enabled individuals to replicate physical goods cheaply. For Labubu, CAD files of its distinctive design circulated on several sites, allowing unauthorized replicas to be produced at a fraction of retail price.
File creation, physical printing and distribution arguably constitutes infringement of an artistic work. Chinese courts have already recognized this in a 2024 judgment awarding damages against sellers of 3D-printed Labubu dolls. Although proof of commercial loss was limited, the court emphasized that unauthorized reproduction and dissemination itself violate exclusive rights.
- AI-Generated Content
AI tools can create characters 'in the style of' Labubu or produce derivative artworks without authorisation. The risk for brands like Pop Mart is reputational dilution. AI-generated imitations could flood digital marketplaces.
- Limits of International Harmonization
While international conventions like the Berne Convention and TRIPS Agreement provide harmonized minimum standards, enforcement remains national. A CAD file uploaded in one jurisdiction can be downloaded globally, but remedies are only enforceable country by country.
Strategic Takeaways for Businesses
The IP strategy of Pop Mart for protecting and thriving Labubu is one for the books. There are several pointers that businesses can takeaway from it to incorporate in their respective models.
- IP is a Core Business Asset
Intellectual property is not merely a legal shield but a primary driver of commercial value. For Pop Mart, the Labubu IP portfolio represents its core competitive advantage, ensuring consumer loyalty and licensing potential. This aligns with Indian jurisprudence, where the Supreme Court in Amritdhara Pharmacy v. Satya Deo Gupta12 stressed that trademarks are not just legal rights but consumer-facing symbols that carry goodwill and reputation. Companies should integrate IP into their balance sheets, brand valuations, and corporate strategies. For example, brands like Disney and Sanrio have monetized their characters through global merchandising and licensing deals. Labubu shows that small businesses too can scale globally if IP is nurtured as the core intangible asset.
- Proactive Registration
Indian law follows a first-to-use principle13, giving priority to genuine prior use. However, proving prior use requires extensive documentation of sales, advertising, and brand recognition. Businesses entering India without filing trademarks often risk prolonged passing-off disputes, as seen in NR Dongre v. Whirlpool Corporation14, where Whirlpool succeeded in protecting its transborder reputation despite limited use in India.
Under China's first-to-file regime, delay risks squatting. Pop Mart filed globally before Labubu went viral, a strategy, businesses must emulate. Businesses in India are often seen delaying the processes concerned with it and fail to realise the importance of it until more often than not, it becomes too late. Therefore, treat IP registration as part of market-entry strategy, not an afterthought.
- Layer Protection
No single IP right offers complete security. Pop Mart layered copyright, trademarks, and design rights around Labubu to create redundancy. This strategy ensures that if one right fails, another provides coverage.
Indian courts recognize overlapping protection. In Colgate Palmolive v. Anchor Health & Beauty Care15, the Delhi High Court protected Colgate's packaging and get-up against passing off, demonstrating that trade dress claims can reinforce registered rights.
Businesses must adopt a 'belt and braces' approach and register multiple rights for the same product. Furthermore, conducting IP audits periodically to identify gaps in coverage.
- Use of Customs and Cross-Border Tools
Counterfeiting is a global enterprise. Pop Mart recorded its trademarks with customs authorities in China, leading to seizures at Shanghai Pudong International Airport. This aligns with TRIPS (Art. 51–60)16, which requires member states to empower customs to intercept infringing goods. The Intellectual Property Rights (Imported Goods) Enforcement Rules, 200717 empower customs to detain goods suspected of infringement.
Cross-border measures are critical in jurisdictions with active counterfeit markets. For example, in 2024, Singaporean authorities stopped the sale of Labubu-inspired desserts after Pop Mart asserted trademark infringement. Indian enforcement provides similar precedents. In Philips v. Remington18, the Delhi High Court underscored the need to prevent confusingly similar products entering the market.
Businesses must therefore record their IP with customs authorities in key markets and try developing a cross-border enforcement strategy that includes cease and desist notices, litigation and cooperation with local authorities wherever possible.
To Sum It Up!
Labubu's rise to a global collectible phenomenon reflects the transformative power of IP strategy. It is a clear demonstration of an exhaustive and prompt IP strategy executing which is a task easier said than done in today's era of rampant counterfeiting and digital disruptions. Pop Mart believed in leveraging global treaties in the most effective way possible. Labubu wonderfully illustrates how law and creativity intersect to generate cultural icons and financial success stories.
Footnotes
1 Article 2(1), Berne Convention for the Protection of Literary and Artistic Works, 1886
2 Article 10, Copyright Law of the People's Republic of China, 1990
3 Article 8, Trademark Law of the People's Republic of China, 1982
4 Section 2, Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994
5 Section 4, Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994
6 Article 2, Patent Law of the People's Republic of China, 1984
7 Regulations on Customs Protection of Intellectual Property Rights, 2018 (China)
8 Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (India)
9 AIR 1994 Delhi 239
10 Schienke, 2012
11 2003 (26) PTC 245 (Del)
12 AIR 1963 SC 449
13 Trade Marks Act, 1999, Section 34
14 1996 AIR 2065
15 2003 (27) PTC 478 (Del)
16 Article 51-60, Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994
17ibid
18 2008 (36) PTC 466 (Del)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
