Labubus: Cuddling allowed, copying prohibited?

Labubus: Cuddling Allowed, Copying Prohibited?

They are small, colourful, and plush, and have long since become more than just toys. Available in a wide range of colours and shapes, these cuddly creatures grin cheekily from children's beds or dangle as charms from countless bags. From children to young adults – it seems hardly anyone can escape the monster plush toy trend: Labubus.

Labubu stands for the fluffy accessory from China that is making waves not only nationally but globally. More precisely, these small plush toys are collectible figures with a distinctive design. Round, cuddly bodies, large eyes, and a wide, almost mischievous grin revealing nine pointed teeth give them a unique look that is somehow sweet and cute, yet at the same time kitschy and ugly. It's no wonder, then, that opinions on Labubus differ sharply on social media.

Labubus were originally created in 2015 by Hong Kong designer Kasing Lung for his children's book series The Monsters, and were first launched as collectible figures in 2019 through a collaboration with the Chinese toy manufacturer Pop Mart. The global hype was truly ignited when Lisa, a famous singer from the Korean pop band Blackpink, revealed in an interview that she was a huge fan of Labubus. Artificial scarcity and the appeal of purchasing the plush toys in so-called "blind boxes" (surprise boxes) have further significantly boosted international demand for the little monsters from China. So much so that numerous counterfeits and copies – so-called "Lafufus" – produced by foreign companies are now in circulation, posing a serious challenge for Pop Mart. This is a rather interesting, almost paradoxical (legal) situation, given that European companies are usually more accustomed to fearing being copied by Chinese manufacturers rather than the other way around.

Now, the Chinese toy manufacturer is attempting to get a grip on the hydra of Chinese counterfeits. Like many European companies, Pop Mart aims to tackle the problem at its root in order to prevent counterfeits from entering the international market. To this end, Pop Mart relies on close cooperation with Chinese authorities, who are trained to distinguish Lafufus from Labubus – for example, by counting the number of teeth. It also helps that the authenticity of an original Labubu can be verified by scanning a QR code on the packaging.

In June 2025, Chinese authorities reportedly managed to remove more than 200,000 counterfeit Labubus from circulation. Nevertheless, an end to the counterfeiting is nowhere in sight. The number of Lafufus that make their way onto the international market undetected is difficult to estimate.

Pop Mart is therefore also seeking judicial assistance to take action against counterfeiters. In the US, a lawsuit filed by Pop Mart against the American supermarket chain 7-Eleven over the sale of Lafufus is currently attracting considerable attention. The toy company is relying on an impressive portfolio of IP rights in the US, including US trade mark rights to Labubu as well as more than 24 registered US copyrights covering the design and packaging of the Labubus. Pop Mart is predicted to have good prospects of success in this respect.

The situation regarding Pop Mart's IP portfolio in Europe, however, looks quite different. Pop Mart only filed an international trade mark for LABUBU in class 28 (covering, among other things, toys and plush toys) – which, through an EU designation, can also claim protection throughout the EU – in September 2024. Further EU trade mark applications for the same name followed in the summer of 2025. Curiously, Pop Mart has so far only managed to secure registrations of the word mark LABUBU in France for the category "paper goods" and in the Benelux countries for "toys."

It is unusual to file trade mark applications only years after market entry. As a rule, companies protect their trade marks as early as product launch, or at the latest once they have achieved recognition. Especially in the fight against product piracy, protection as an EU trade mark is of great importance. EU legislation provides for a so-called EU-wide border seizure application, which allows customs authorities to seize goods with EU-wide effect at the EU's external borders if infringement of an EU-wide right, such as an EU trade mark or an EU design, is suspected. Holders of purely national rights, by contrast, only have the option of a national border seizure procedure, which only permits seizure at the respective internal borders. It therefore appears that Pop Mart only recognised the relevance of the European market for its plush monsters at a relatively late stage.

The fact that Pop Mart only decided to protect LABUBU in the EU in autumn 2024 could now prove to be its downfall: a Turkish toy manufacturer has already filed an opposition with the European Union Intellectual Property Office (EUIPO) against the territorial extension of the international mark to the EU as well as against Pop Mart's further EU trade mark applications. The Turkish competitor, which already filed the EU-wide word-and-device mark "BUBU" for, among other things, plush toys back in April 2024, is opposing Pop Mart's more recent trade mark applications on the grounds of a likelihood of confusion under trade mark law. Such a likelihood of confusion exists where the signs in question are so similar phonetically, conceptually, or visually that the relevant public could mentally associate them with one another, taking into account both the distinctiveness of the earlier mark and the similarity of the goods or services covered. In the present case, much points towards a similarity between LABUBU and "BUBU," as both share the phonetic element "Bubu," which, through its repetitive structure and playful sound, evokes childlike associations.

It remains to be seen, therefore, whether Pop Mart will succeed in convincing the EUIPO otherwise. First, however, it is up to the Turkish competitor to sufficiently substantiate its opposition. Despite the possibility of an amicable coexistence agreement, the parties were unable to reach an agreement during the "cooling-off period" set aside for this purpose ahead of the contentious opposition proceedings.

The outcome of the opposition proceedings could also influence further national applications for the LABUBU mark: on the basis of the EU trade mark "BUBU," the Turkish competitor can also oppose further national trade mark registrations of LABUBU in EU member states. The battle over the LABUBU trade mark is therefore likely to keep Pop Mart occupied for some time to come.

In Germany, trade mark protection would also be possible without registration, through a so-called unregistered mark acquired through use, whose protection derives from use in the course of trade and the attainment of recognition among the relevant trade circles. Given the current Labubu hype, Pop Mart may already have reached the roughly 20% level of recognition required for this. On the basis of such a mark acquired through use, a national seizure procedure could also be applied for, at least at Germany's external borders.

In addition to trade mark law, design law – which protects the aesthetic impression and outward appearance of a product – is also an effective tool against imitations. Here too, it can be noted that Pop Mart currently holds no registered design rights, either in Germany or in the EU. However, EU law also grants three years of protection for unregistered designs, provided they are new and possess individual character. Labubu designs that have already been on the European market since 2019 are therefore no longer eligible for design protection. The situation is different for Labubu designs launched from October 2022 onwards, provided their overall impression differs from that of their predecessor models or older designs – in other words, provided they possess a certain individual character. Design protection is therefore fundamentally conceivable, particularly for recently released special editions, which would also entitle Pop Mart to an EU-wide border seizure procedure.

Likewise, the German Act Against Unfair Competition (UWG) protects against (unfair) imitations in Germany, but only for products with so-called competitive character – that is, products capable of indicating their commercial origin to the relevant trade circles. Given the hype-driven high recognition value of Labubus, Pop Mart has good prospects of establishing such character. However, due to the principle of freedom to imitate under German law, protection against imitation under the UWG only exists where particular unfair circumstances are present, such as avoidable deception as to origin or the exploitation of a product's reputation. Since Lafufus – the fake Labubus – aim to offer a cheaper but lower-quality alternative to the original Labubus, there is much to suggest that Pop Mart could successfully argue, in individual cases, that the unfairness criterion of exploiting or damaging the reputation of its Labubus is met. The UWG, however, does not provide for a national border seizure procedure, meaning Pop Mart cannot rely on the involvement of customs authorities to detect potential unfair imitations on this basis.

The Labubus vs. Lafufus phenomenon vividly illustrates the challenges manufacturers face in a globalised world in the fight against imitators. It also demonstrates the inevitable race for IP rights that arises within a very short time for hype products. Given these dynamic developments, we are curious to see whether Pop Mart will also succeed in securing a robust IP portfolio against imitators for the European market. One thing, however, is certain: cuddling Labubus remains allowed – but anyone who copies them must expect Chinese pushback!