8 Jul 2025
Going viral on social media can provide enormous benefits to brands. One striking example is Labubu, a character created by illustrator Kasing Lung (inspired by Nordic and Dutch folklore), which has become a global collectible phenomenon through Chinese toy seller Pop Mart. Labubu’s popularity has led to celebrities such as Rihanna and David Beckham showcasing the toys – clipped to luxury bags – on their social media. But with success can come imitation with the rise of lookalike versions, sometimes referred to as ‘Lafufus’. In this article, we explore how brands can respond to this and try to protect their intellectual property.
Another social media driven trend is so-called ‘dupes’ (short for duplicates) – products purporting to be cheaper and inspired alternatives to well-known or luxury products (e.g. clothing, bags or make-up). However, can a dupe cross the line into counterfeit territory? And what can brand owners do about this?
- UK unregistered design rights – These protect the shape or configuration of the whole or part of a product (e.g. the shape of a Labubu) provided certain criteria are met. These include the design being sufficiently original and not commonplace, and the term of protection still being in force. However, this form of protection does not extend to surface decoration such as colours or 2D illustrations on the product.
Infringement occurs where a third party copies a design and produces an article that is exactly or substantially to that design. Therefore, a product – including a dupe – that imitates the shape of a Labubu or, for example, of a protected handbag can infringe these rights. In addition, a third-party seller also can infringe where they know, or have reason to believe, they are offering or selling an infringing article. - UK registered designs – Registering a design can provide broader and stronger protection than unregistered design rights. It can protect not only the shape of a product but also its surface decoration (e.g. 2D elements like patterns, colours and illustrations) – provided the design meets certain criteria. These include the design is new and produces a different overall impression from any earlier designs. This right also lasts significantly longer than unregistered design rights, with protection available for up to 25 years (subject to renewal every five years).
Unlike unregistered design rights, there is no requirement to prove copying. Infringement occurs if a later design produces the same overall impression as the registered design. As a result, registered design protection may offer an easier route for rights holders to take action against lookalike products or dupes. - Copyright – Copyright can protect original artistic works (e.g. graphic works, drawings, illustrations, photographs) and literary works (e.g. written descriptions or product text).
Copyright provides protection against the copying of the whole or a substantial part of the work. For example, a counterfeit Labubu that reproduces wording from the official packaging or website may infringe copyright in the original text. As a further example, dupes may infringe copyright if they reproduce product imagery (such as official photos or drawings) or official logos, even if the physical product itself is not an exact copy. For example, a clothing dupe that features a copied illustration, character or print by another brand may infringe copyright, even if the underlying garment is different. - Trade marks –These can protect brand identifiers, such as names and logos that distinguish the goods/services of one undertaking from another. For example, Pop Mart owns a UK trade mark for “LABUBU” covering goods such as games, toys and dolls (see here).
Infringement may occur where a third party uses a sign that is identical or confusingly similar to a registered mark (e.g. for a brand name or logo) in relation to identical or similar goods/services. For instance, a counterfeit Labubu using a name like ‘Lafufu’ potentially could infringe the “LABUBU” trade mark, depending on the likelihood of confusion. Likewise, a dupe that uses a similar name or logo to the product it imitates may amount to trade mark infringement – even if the product itself looks different. This may be why many dupe manufacturers may avoid using protected marks directly. - Passing off – To succeed in a passing off claim under UK law, it must be proven that the party has goodwill in the brand name, logo or product in the UK, that there is a misrepresentation likely to lead the public to believe there is a connection between the goods, and this results in damage to the goodwill.
If Labubu products have goodwill in the UK, a passing off claim potentially could be brought against a third party whose product misleads consumers into believing it is affiliated with, or originates from, Pop Mart. As another example, a dupe mascara product that leads consumers to believe it is connected with a luxury brand (e.g. through branding, packaging or marketing) may amount to passing off.
Tips for protecting your IP rights
- Register your trade marks and designs – Registration can offer stronger, easier to enforce protection and, for designs, last longer than unregistered rights.
- Maintain records – Keep evidence of creation, first use and ownership to support any claim to unregistered design rights, copyright, or goodwill.
- Use IP symbols appropriately – Use the © symbol to put third parties on notice of your copyright and the ® symbol for registered UK trade marks.
- Be strategic about disclosure – Where and when you first make a design available to the public can affect where you may have unregistered design protection. Consider registering your design before launching or publishing it.
- Audit your trade mark portfolio – Make sure your trade mark portfolio covers relevant goods/services and territories, particularly if you are planning to expand into new product lines or markets.
- Check for existing rights – Conduct clearance searches for trade marks and designs to avoid infringing any earlier registered rights.
- Licences – Put clear licence terms in place if you are allowing others to use your IP. These should include defining the rights granted, whether the licence is exclusive or non-exclusive, the territory/territories to be licensed, how payment works and how long the licence lasts.
- Educate internal teams – On how to spot infringing content or products and how to avoid creating or promoting infringing content or products.
- Act early – Monitor marketplaces and social media for infringements and consider enforcement tools such as take-down notices, cease and desist letters or domain name complaints where appropriate. However, take care to avoid making unjustified threats of legal action, as this can give rise to a counterclaim under the unjustified threats provisions in UK intellectual property law. It is often advisable to seek legal advice before taking such actions.
How we can help
Social media success can bring both opportunities and risks for brands, including lookalikes. By understanding and using relevant IP protections, companies can better defend their products and brand.
If you need advice on protecting your intellectual property or tackling infringements, please contact our IP team.
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