Pop Mart’s Labubu Dolls Spark Intellectual Property Challenges Amid Rising Knockoffs

Pop Mart’s Labubu dolls, known for their wide-set eyes, pointed ears, and mischievous nine-toothed grin, have emerged as one of the hottest collectibles this summer. Since their market debut in 2019, these elflike plush toys have been sold primarily through “blind boxes,” creating an element of surprise and scarcity that has captivated collectors.

The dolls’ popularity surged recently following endorsements by singer Rihanna and various influencers on TikTok, propelling Labubu into mainstream pop culture. This viral momentum has, however, led to a proliferation of counterfeit versions and “dupes” — lower-cost imitations that mimic the original’s aesthetic with slight variations.

According to intellectual property attorney Vivek Jayaram, founder of Jayaram Law with offices in Miami, Chicago, and New York City, social media acts as a double-edged sword. “You have literally hundreds of thousands of TikToks, and I imagine Instagram posts and Facebook posts, too, that are celebrating the Labubu and spreading the word about the Labubu,” Jayaram said. “But when something like this goes viral, it almost immediately creates a pretty robust online counterfeit market.”

Jayaram draws parallels to other popular children’s toys, such as Squishmallows, which have also been subject to widespread unauthorized replication and online sales.

While the intellectual property issues surrounding Labubu dolls are not unprecedented, Jayaram notes a cultural shift in how knockoffs are perceived. The term “dupe,” once absent from IP legal discourse, now commonly describes products that closely resemble higher-end originals but are more affordable and accessible.

“A dupe, in my view, almost celebrates the idea of a knockoff,” Jayaram explained. “It’s something that flies in the face of federal law. And yet I feel like, culturally, they don’t occupy that place anymore. They occupy this place of, ‘Well, I can’t afford or don’t have time to find the authentic one. So I’m just going to buy the dupe.’”

This evolving consumer attitude presents a strategic challenge for companies like Pop Mart. Jayaram highlighted the dilemma of whether to enforce intellectual property rights aggressively or risk alienating consumers by appearing heavy-handed. He cited a recent example of a Walmart purse resembling the iconic Hermès Birkin bag, which went viral and arguably impacted the auction price of an authentic Birkin that sold for a record $10 million.

“One thing I’m seeing now in greater frequency than I did say 10 years ago is spending a lot of time with clients not on whether we have the right to enforce our IP against somebody but discussing whether we should,” Jayaram said. He noted that companies increasingly worry about consumer or cultural backlash from enforcement actions.

Nonetheless, IP lawyers caution that consistent enforcement remains critical. Allowing dupes to proliferate unchecked can lead to forfeiture or waiver of intellectual property rights in extreme cases.

“You can’t just let a dupe run wild because if you let a dupe run wild, in an extreme enough circumstance, you could actually forfeit or waive your IP rights,” Jayaram warned.

Proactive protection is therefore essential. Pop Mart has registered trademarks for its Labubu products, along with copyrights covering related artwork, packaging, and designs both in the United States and internationally. Infringers risk civil and criminal penalties.

Beyond trademarks and copyrights, Pop Mart can also leverage trade dress and design patents to safeguard the distinctive appearance of Labubu dolls. Case Collard, a partner at Dorsey & Whitney’s Denver office, emphasized the value of these protections. Collard has experience asserting design patent rights for clients such as TeeTurtle, a maker of reversible plush stuffed animals.

As the Labubu phenomenon illustrates, the intersection of intellectual property law and pop culture collectibles presents nuanced challenges. Companies must balance vigorous enforcement with cultural sensitivity to protect their brands in an era where social media can rapidly amplify both popularity and infringement.