Introduction: From Viral Trend to Legal Battleground
Pop Mart introduced the world to Labubu, as quirky little collectible that soon became both a viral sensation and a fashion accessory through the world. At first, sales were modest. The dolls existed quietly in the niche world of designer toys. However, this changed when celebrities began showcasing them on social media.
The turning point in the sales of the Labubus came when Lisa, the member of the K-pop group Blackpink, paired Labubu with her Louis Vuitton bags on social media. Her fans quickly followed her lead and the collectible toy was soon a style statement. Soon after this, the princess of Thailand and international celebrities like Rihanna and David Beckham also joined in and shared their own Labubu moments online.
This wave of endorsements, quickly transformed the Labubu from a niche product as a simple collectible toy into a global pop culture symbol. But with such a rapid fame comes new challenges like protection of the brand and its intellectual property.
Law in the Streetwear Industry
Streetwear has brought new energy to the fashion world. It thrives on cultural references, collaborations and fast-moving trends. Designs can move from the runway or the street to global markets in days as they become trends. This speed of designs moving to trends, have made streetwear a powerful force in shaping taste, but at the same time it has also made the designs more vulnerable to copying and misuse.
Collectibles like Labubu sit at the intersection of fashion and streetwear. They are not clothing, yet they are worn, displayed, and styled like accessories. They borrow from fashion’s visual language like distinctive shapes, colours and brand identity and turn them into lifestyle symbols. Just like a luxury logo on a bag, the image of Labubu can carry social meaning and status.
Because of this, Labubu and similar products rely on the same legal protections that fashion brands use. IP laws do intersect among each other to form this protection. Trademark law can protect names, logos and signature features. Similarly, Copyright law protects original and artistic expressions of ideas like a character’s design in the case of a Labubu while intersecting with Design rights which aims to safeguard the unique three-dimensional form of a product. In the Delhi High Court case of Microfibres Inc. v. Girdhar & Co. & Anr, the court clarifies this overlap between Design and Copyright. The Court held that once a design capable of registration under the Designs Act is applied industrially, it loses copyright protection. Due to this, the laws must work together to form a protection. As in the US Supreme Court case of Star Athletica v. Varsity Brands, where the court clarified that artistic expression protected by copyright can exist within a fashion design under design laws. This is an important principle relevant when protecting characters like Labubu which need the protection of combination of IP laws.
In today’s economy, where products can go viral overnight and fashion law is no longer just about clothes, IP protection extends to anything that can become part of style culture. This can be from sneakers to cloths to toys. The story of Labubu shows how a collectible toy can become part of the fashion conversation and face the same legal battles as any streetwear brand.
Fast Fashion: The Double-Edged Sword
The global success and popularity of Labubus came with an inevitable downside as counterfeits. As soon as the dolls became popular, their imitations began to appear in markets and online stores across the world. These fakes ranged from low-quality lookalikes to products that copied the character exactly to the dot. These copies were sold not only as toys but were also printed on food, accessories and other promotional items. In Singapore, vendors even used Labubu’s image for desserts and cakes without permission.
This problem is tied to the way fast fashion operates. Fast fashion is built on speed. Trends are copied and reproduced within days or weeks, often without the time or intention to get proper licensing. Manufacturers generally respond to consumer demand immediately by producing cheaper versions that undercut the original product and so automatically divides the consumers. In the case of Labubus, its viral appeal on social media platforms made it an easy target. This counterfeit boom is majorly driven by the consumer demand. Many buyers knowingly purchase Labubu ‘dupes’ because they see them as harmless alternatives or affordable entry points into a viral trend. For some, owning the ‘look’ matters more than authenticity. This normalisation of fakes blurs the line between playful imitation and harmful infringement, and it keeps demand for counterfeits alive. Counterfeiters therefore know that there would be customers who would buy the product while the trend was new and so produce such products due to the ongoing demand.
For the industry, this speed of trends is both a strength and a threat at the same time. It allows brands to keep up with the cultural moments which are viral and trending, but it would also mean that creative ideas of a brand can be easily copied and reproduced even before the legal protections can be enforced by the brand. In the fashion industry, where desirability of a products depends on uniqueness and its authenticity, counterfeiting such products can damages more than just sales. Such would weaken the brand’s image, reduces consumer trust and also undermines the work of the original creator.
Labubu’s case shows how quickly a viral product can face global infringement. It also shows why fashion law must adapt to match the speed of the market because in the world of fast fashion, the copy can appear almost as fast as the original.
Enforcement in the Age of Fast Fashion
Once counterfeits of Labubu started appearing, Pop Mart moved quickly to enforce its rights. The company owns trademarks for the Labubu name, its visual features, and its logo in multiple countries. It also protects the three-dimensional design of the dolls through design registrations. These rights give Pop Mart the legal ground to act against unauthorised use.
Enforcement has taken many forms. In Singapore, Pop Mart issued public warnings to businesses using Labubu’s image without permission. This included shops selling Labubu-inspired desserts and cakes. The company made it clear that it had no authorised partners there and was ready to take legal action. In China, customs officers at major ports have seized large shipments of counterfeit Labubu toys before they could reach the market.
In general, IP enforcement works in stages. At first, the infringing product is identified through online monitoring or reports from customers. Then, the company may issue a cease-and-desist letter to request takedowns from online platforms or file a complaint with customs to block imports. If these steps fail and the infringing product continues in the market, the affected party can bring a legal proceedings to court.
The problem is that fast fashion makes this process even difficult. Fashion trends move so quickly due to internet and social media that by the time a legal order is issued to shop the sales of the product, the infringers have already sold their entire stock and have already moved to the next trend. This short life cycle of the viral products indicated that the enforcement is required to be fast, coordinated and often cross-border. It is therefore required that the registered rights in the markets have strong relationship with custom authorities and make sure that they conduct continuous online surveillances.
Pop Mart’s strategy reflected on this need for speed. Their strategy combined traditional legal tools like trademarks, design rights and copyright with technology like QR-code authentication and tamper-evident packaging to help their consumers identify the genuine products of the company. The strategy of Pop Mart was to address both consumers and relevant authorities. While the QR code simplified the deal with the customers, Pop Mart also introduces suits against infringers. In China in the late 2024, the court ruled that an unauthorised seller of 3D-printed Labubu figures violated Pop Mart’s copyright. Due to this, the court awarded Pop Mart approximately RMB 10,000 in damages. Further in the US, Pop Mart sued 7-eleven and 8 California franchisees for selling fake Labubus. In such an age of fast fashion, quick and efficient legal enforcement is required by the brands to ensure protection of their IP rights. However, brands have to mix legal action with proactive brand protection through different means to stay ahead of the copycats.
Conclusion: Protecting the Hype
Labubu’s journey shows how a product can move from niche collectible to global style icon in a very short time. It also shows how quickly that success attracts imitation. In today’s market, where trends spread online within hours, the legal protection of creative work is as important as the work itself.
Fashion law offers the tools like trademarks, design rights, copyright laws. However, these tools only work when they are used strategically. For brands like Pop Mart, protecting the hype formed through social media means acting in the early stages by registering rights in key markets and enforcing them without any delay. It would also mean that using technology to help consumers spot genuine true products and avoid fakes and counterfeits would be efficient.
Fast fashion has made style more democratic and the trends are made more accessible to everyone. But at the same time, it has also shortened the distance between creation and copying. The Labubu’s case proves that in this environment, proactive IP protection is not optional. It is actually essential for the brands to keep and maintain their strong image. It also helps to ensure that its value is intact and its story authentic.
In the end, Labubu is more than just a toy. It is a reminder that in the global trend economy, creativity and legal strategy have to work together because popularity without protection is only ever temporary.
Authored by: Ms. Aditi Bansal, Research Assitant, The IP Press
Aditi Bansal is a law student with a strong focus on Intellectual Property Rights. She is particularly interested in how IP intersects with technology, media, and emerging industries, and enjoys writing about contemporary developments in trademark, copyright, and design law. Through her research and writing, she aims to engage in more untraditional and unthought ideas.
Leave a Reply