Introduction

In today's increasingly popular trend culture, the Labubu series by Pop Mart has become a hot IP in the market due to its unique design and extensive fan base. However, with the rising popularity of the Labubu series, there have been instances of unauthorized sales of Labubu clothing in the market. As a market research company, we have found that many merchants may not be fully aware of the potential infringement risks involved in selling Labubu clothing. Today, we will provide a detailed analysis of the potential infringement risks associated with selling Labubu clothing to help merchants avoid unnecessary legal disputes.

I. Trademark Infringement Risks

Pop Mart has registered the Labubu trademark in multiple countries and regions, covering categories such as toys, clothing, and footwear. Unauthorized use of the Labubu trademark, including printing the word "Labubu" or its logo on clothing itself, tags, packaging, or even in product titles, descriptions, and keywords, may constitute trademark infringement.

Case Example: In 2022, a studio in Shenzhen sold 3D-printed Labubu models on Etsy to the European and American markets, with monthly sales exceeding $200,000. During the rights holder's evidence collection, it was discovered that the infringing products even replicated the designer's signature details. The court ultimately ruled for triple damages based on the infringer's profits and permanently shut down the store.

II. Copyright Infringement Risks

The Labubu series, as an original trendy toy IP, is protected by the Copyright Law of the People's Republic of China. If the Labubu clothing sold by merchants highly imitates or replicates the official Labubu image, such as using Labubu's cape, strawberry dress, or distinctive color schemes, it may constitute copyright infringement, even without using the Labubu trademark.

Case Example: On June 12, 2025, the Gongbei Customs seized a batch of infringing blind boxes and plush toys bearing the "POP MART" brand logo at the Zhuhai Port Exit Inspection Yard of the Hong Kong-Zhuhai-Macao Bridge, totaling 20,599 items. These products used the "POP MART" brand logo without authorization, infringing on both its trademark and copyright.

III. Design Patent Infringement Risks

Pop Mart has applied for design patents for some of its popular Labubu clothing items. If the Labubu clothing sold by merchants is substantially similar to Pop Mart's patented products, it may constitute design patent infringement.

Case Example: In 2025, a clothing manufacturer was sued by Pop Mart for producing and selling a Labubu-themed dress that was highly similar to Pop Mart's design patent product. The court ruled that the manufacturer cease production and sales of the infringing product and compensate Pop Mart for economic losses amounting to 300,000 yuan.

IV. Unfair Competition Risks

Merchants who use identifiers that are identical or similar to the name, packaging, or decoration of Labubu without authorization may be deemed to have engaged in "confusing acts" as stipulated by the Anti-Unfair Competition Law of the People's Republic of China, constituting unfair competition.

Case Example: In 2023, a Southeast Asian seller on the Shopee platform used "LabuBu official" as their store name. Although the actual products sold were self-made cultural and creative items, the seller was still found to have committed trademark dilution infringement.

V. Consumer Fraud Risks

Merchants who sell counterfeit products as genuine Labubu clothing, deceiving or misleading consumers, may be deemed to have engaged in fraudulent sales as defined by the Consumer Rights and Interests Protection Law of the People's Republic of China.

Case Example: In 2025, an e-commerce platform merchant was complained about by consumers for selling counterfeit Labubu clothing. The market supervision department determined that the merchant had committed consumer fraud, ordered them to cease illegal activities, and imposed a fine of 100,000 yuan.

VI. Recommendations from the Market Research Company

To avoid infringement risks, merchants should take the following measures when selling Labubu clothing:

Conclusion

While selling Labubu clothing has market potential, the associated infringement risks cannot be ignored. As a market research company, we advise merchants to fully understand relevant laws and regulations before engaging in related business activities to ensure that their operations are legal and compliant. Only in this way can they remain invincible in fierce market competition and avoid unnecessary legal disputes.