A toy takeover: what Labubu’s rise reveals about the high stakes of brand protection

In recent months, social media has been flooded with a widespread soft toy trend: mini cuddly creatures, fluffy keyrings, and quirky decorative figurines that grown adults can’t seem to get enough of. The latest toys to go viral are “Labubu” dolls — a range of collectible plush toy monsters created by Hong Kong artist Kasing Lung and sold by Chinese toy giant Pop Mart.

Labubu’s rise has been nothing short of spectacular. Fueled by the popularity of “unboxing” videos and celebrity endorsements from the likes of Kim Kardashian, Rihanna, and Olivia Attwood, Labubu dolls have captured global attention. However, while Labubu’s popularity soars and the subsequent threat of counterfeit products looms, the brand appears to be playing catch-up with broadening its portfolio of IP rights.

The availability of the Labubu dolls in the UK has become limited as a result of Pop Mart’s shock decision to pull the products from UK stores, seemingly due to reports of customer scuffles over the sought-after toys. The combination of Labubu’s rising popularity and limited stock has created the perfect opportunity for hungry counterfeiters to swoop in.

In today’s fast-paced digital world, social media trends can explode overnight, commanding the attention and screens of millions. For brands enjoying recognition as viral sensations, the inevitable thrill of commercial success does not come without its risks. When a product or innovation skyrockets in popularity, it often attracts unwanted attention from third parties looking to cash in on that success without permission. As such, seeking sufficient intellectual property protection isn’t just savvy but essential.

Do these viral brands file early, when they launch, and safeguard their creations before they hit the spotlight, or do they wait until fame arrives and then scramble to lock down the desired protection?

Take JellyCat, for example. The beloved brand, known for its irresistibly cuddly toys, was founded in 1999. While it’s been a staple for years, JellyCat experienced a massive resurgence in 2024 after going viral on TikTok, in part due to its immersive pop-up shops with locations across major cities. Leading by example, JellyCat didn’t wait for its “second coming” to protect itself. The brand filed its first trademarks in the EU and UK the same year the brand launched. Being proactive and seeking protection early ensured that JellyCat was comfortably protected at the point of their unexpected recent success.  JellyCat has secured protection not only for their house mark JELLY CAT but also for specific product names and collections.

Interestingly, the Labubu brand was launched in 2015, but trademark protection was only sought in the UK in 2024 following their viral success. Whilst Pop Mart was fortunate that, at the point of filing in the UK, the UK register was not flooded with unauthorized third-party filings for LABUBU marks, ultimately, this is a risky approach.

Trademark protection should be part of the game plan from day one, not an afterthought once viral fame ensues. In today’s world, where a brand can go viral overnight unexpectedly, the success often transcends borders and extends beyond just one territory. Brands need to be proactive, not reactive. As such, seeking global protection early on will help the brand establish itself on the market and the trademark registers, allowing them to stop opportunists from swooping in and attempting to benefit from the success of their trending products.

Whatever the product, investing in trademark protection from the outset helps safeguard your creation and assists in securing a lasting and unique position in the marketplace, enjoying viral success with the tools to challenge imitators.

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