THE LABUBU TREND AND ITS IP IMPLICATIONS: VIRAL TODAY, INFRINGING TOMORROW?
What’s the Hype About?
Think of a viral collectible toy with a devilishly wide grin, and what comes to your mind? Well, perhaps you’re not familiar. Here are some more clues: it is a monster with sharp teeth, large ears, a scruff appearance and somehow it’s one of the most purchased toys in 2025, with a single one sold for over $170,000 at an auction in China. What comes to your mind must be the Labubu. That’s right. We’re talking about the Labubu.
In case you need more context, the Labubu is a line of collectible plush toys made popular by celebrity endorsements, viral social media trends, the “ugly-cute” aesthetic, and the “blind box” mystery element. One of the most successful tactics of its vendors, POP Mart, is the “blind box” strategy, which essentially keeps buyers in the dark as to which of the toys they purchased until they open it. That surprise element keeps buyers coming back for more.
With celebrities like Dua Lipa, Rihanna, and BLACKPINK’s Lisa all using it as bag accessories, it’s no secret that the toy is one of the most sought-after playthings of the 21st century.
Behind the Character: Who Owns Labubu?
What we now know as Labubu actually began as a storybook character, a mischievous creature from the series The Monsters created by Hong Kong artist Kasing Lung in 2015. The series featured zoomorphic elves with exaggerated facial expressions, the most notable of which was Labubu.
The creator released a toy series shortly after the book’s debut, but Labubu didn’t truly become a global sensation until Lung partnered with Chinese toy company POP Mart in 2019.
Since then, and quite reasonably, the company has built a robust intellectual property (IP) portfolio to safeguard its product. The name Labubu and its distinctive logo and font are protected by trademark law. In fact, POP Mart has registered nearly 2,200 trademarks across different countries for the Labubu franchise. The shape and appearance of the toy are protected by design rights, while the original character design, including facial expression, proportions, and artistic style, is protected by copyright, with over 70 registered copyrights for various Labubu designs.
Finally, trade dress, a right not yet formally recognised under Nigerian law, protects the blind box designs that give Labubu its signature element of surprise.
IP Pitfalls in the Labubu Craze
Yet, with such a meticulously constructed IP fortress, the Labubu trend is not without cracks. Where there is popularity, imitation soon follows. And this is where the lines get blurry, the arena foggy, and IP pitfalls emerge in the Labubu craze, elegantly disguised as lawsuits and infringement claims.
As the grin of the Labubu monster makes its way across continents, the demand begins to surge higher than the supply chain can keep up with. But, is it really a supply issue? The toy’s growing popularity means many individuals have turned to reselling it, often at inflated prices — sometimes double or triple the original. To maintain hype, some resellers create artificial scarcity by hoarding stock, and let’s be real, not everyone can just pop into a POP Mart store to get one (pun intended).
This has paved the way for counterfeits, like the infamous Lafufu, created to make cheaper duplicates accessible to those who can’t afford an original Labubu. Alongside this are unauthorised reproductions and marketplace piracy, all attempts to ride the craze and profit from it.
POP Mart is not taking this lying down though; quite recently, they sued an infringer who sold 3D replicas of Labubu without permission. Granting judgment in their favour, the court held that the infringer was to pay damages to the tune of 10,000 RMBs (over 2 million naira). Counterfeits? A big no-no in the fashion and IP industry.
Beyond resales, influencers and creators have also used Labubu imagery without authorisation. Some local content creators in Nigeria, for example, have produced tracks named after the viral collectible — indirectly suggesting endorsement or affiliation with the parent company. Those are potential copyright and trademark suits waiting to happen.
“It’s all just fan art,” you may say. Surely POP Mart won’t be mad at the publicity. And you’re right, to an extent. But there’s a line fan art shouldn’t cross: commercialisation. The moment a creator begins to generate revenue from imitation, the shield of fair use begins to crumble.
The Nigerian Scene: What does the Law Say?
Let us bring it home a bit. How would Nigeria treat similar trends?
For one, the Patents and Designs Act governs the design of the viral collectible and the blind box element, the Copyright Act protects its origin designs, and the Trademarks Act will oversee the use of Labubu in whichever class(es) it is registered.
These are examined in turn. Under Sections 11 and 12 of the Patents and Designs Act, the 3D form of Labubu would be protected as an industrial design, granting POP Mart exclusive rights over the design for 5 years (renewable twice, totalling 15 years). This would prevent unauthorized reproductions, and forestall the importation, sale or commercial utilisation of a product containing the design. Hence, the counterfeiter who paid 10,000 RMBs for damages would have been equally liable had he done so in Nigeria. However, this right – like other IP rights – is territorial, and requires that POP Mart register their design in Nigeria as well. As it stands, therefore, local creators could (and this is purely theoretical) exploit thise gap in making their counterfeits – unless POP Mart decides to pursue claims under international treaties like the Paris Convention.
The Copyright Act would categorise the collectible as an artistic work, protected under Section 9, granting the creator (Kasing Lung) or POP Mart (via licensing) exclusive rights over its reproduction, distribution, and modification. Unauthorised merchandising in Nigeria would therefore amount to copyright infringement. However, private use, research, education, or critique may qualify under the exceptions in Sections 20–22.
The figurine’s name would enjoy protection under the Trade Marks Act, which would grant the proprietors exclusive rights to use the name for trade in whatever class it is registered, the first of which would be class 28 (for toys). Any other person attempting to use the name or a similar one (eyes on Lafufu), would be infringing on the trademark.
Having analysed the Nigerian legal landscape, attention now turns to global precedents and lessons that further illuminate the IP dimensions of the Labubu trend.
Global Lessons From Labubu
They say nothing is new under the sun; and Labubu’s IP challenges prove it. The world has seen them before.
From Sanrio’s Hello Kitty to KAWS figurines and Disney characters, each global brand has faced waves of imitation, unauthorized licensing, and fan reinterpretations. Labubu’s trajectory highlights key lessons from similar precedents.
Sanrio, for instance, the creator of the iconic Hello Kitty, had to pursue numerous lawsuits against counterfeit Hello Kitty merchandise, arguing that “fan-made” items diluted brand value. Similarly, American artist KAWS fought copycats who replicated his signature “XX-eyed” figures. Even Disney, a pioneer in character IP, has aggressively defended Mickey Mouse’s likeness for nearly a century, updating trademarks and copyright registrations to prevent it from falling into the public domain.
These examples show how challenging IP enforcement has become in the digital age, where trends spread faster than legal systems can respond. By the time an infringement notice is served, countless reproductions may already exist across platforms, countries and borders.
The key global lesson is that creativity and protection must evolve together. As characters become part of online culture, creators must anticipate derivative content, establish clear licensing frameworks, and actively enforce their rights or risk genericisation and market dilution. For Labubu, the balance between fan engagement and brand control will define whether it remains a beloved art toy or becomes another casualty of overexposure.
Takeaways for Creatives & Trendsetters
For creatives, the Labubu trend is both inspiration and warning. In the digital age, where a viral post can make or break a brand, understanding IP rights is no longer optional, it is survival.
Here’s what every creative, designer, influencer, and entrepreneur should take away:
● Assumptions could be detrimental:
Don’t assume it’s “just for fun.” Even casual fan art or parody can become infringement when monetized or used commercially. Always verify ownership before using another creator’s work.
● Protect your original characters:
Register your designs, logos, or names as trademarks or copyrights early. Even a sketch can be valuable IP if properly documented.
● When to License vs. Seek Permission: Understand the distinction
Licensing involves formal agreement with defined terms, compensation, and legal certainty, while permission involves informal authorisation, often without legal protection. For commercial use, opt for formal licensing agreements to ensure legal protection and clarity on scope, duration, and terms.
● Know your platform policies:
Social media sites are tightening their stance on IP violations. Repeated takedowns can lead to account suspension or legal notices.
● Think long-term:
Building your own IP portfolio ensures creative freedom and potential income streams through licensing and merchandising just like POP Mart did with Labubu.
Ultimately, staying legally informed is the difference between being a trendsetter and an infringer. Creativity thrives best when paired with compliance.
Final Thoughts: Trends Fade, IP Risk Doesn’t
The Labubu trend proves how quickly art, commerce, and internet culture can collide. What starts as playful fandom can escalate into a global IP issue overnight. For collectors and creators alike, it’s a reminder that virality doesn’t erase ownership.
As the excitement fades and the next trend takes over, the legal risks remain. Rights holders may still pursue infringers years later, long after the hype has died down. The digital footprint of infringement rarely disappears and in the age of global connectivity, accountability is borderless.
In the end, the message is simple: create boldly, but respect ownership. The most successful artists aren’t those who copy the trend, they’re the ones who start the next one, and protect it.
THE HYPE FADES. THE IP RISKS? NO, THAT STICKS AROUND — PROTECT IT OR LOSE IT.
References
https://www.ceibs.edu/new-papers-columns/27215
https://madan-law.com/labubu-vs-lafufu-how-popmart-is-protecting-its-intellectual-property/
https://www.licenseglobal.com/trends-insights/the-meteoric-rise-of-labubu
https://en.wikipedia.org/wiki/Labubu