23/05/2025
The latest craze that has flooded social media has seen grown adults rushing to the shops to buy items including mini cuddly toys, fluffy keyrings, and decorative figurines.
A key player in this latest trend are the viral “Labubus” – furry creatures designed by Hong Kong-born artist Kasing Lung and sold by Chinese toy company Pop Mart.
It is undoubtable that the success of the Labubu brand has been elevated by social media. Countless “unboxing” videos have gone viral, with celebrities weighing in on the trend filming themselves opening up their latest Labubu package. Kim Kardashian, Rihanna and Olivia Attwood have been seen decorating their designer bags – often worth over £5000 – with these furry creatures.
We have seen how trends on social media can spring to success within a very short period of time, gaining mass amounts of attention very quickly. Therefore, the owners of these brands must protect their products and creations in order to prevent the unauthorized use of their products by third parties, who are seeking to benefit from their success.
It’s interesting to deep dive into when these viral brands obtained trade mark protection. Are brands filing before they reach fame to ensure they are protected, or are they waiting for viral success before considering trade mark protection?
The JellyCat brand, which is famous for its trendy cuddly toys, was founded in 1999 and has experienced a recent resurgence in popularity since going viral on TikTok in 2024. Their earliest EU and UK trademarks were filed in the year of the brand’s creation. This is an advisable approach – if you are launching a brand, it is always recommended to have adequate trade mark protection in place at the time of launch. When looking at the trade mark register for the JellyCat mark, all the registrations are consolidated under one owner; JellyCat Limited.
The Labubu brand was created in 2015, but only recently gained global recognition. The recent rise to fame is a likely explanation for the lack of extensive protection in the EU and UK. The word mark “Labubu” was only protected by Pop Mart in the UK under an international trade mark registration in 2024. However, prior to this date, there have been several other applications and registrations for the mark “Labubu” in the name of unrelated parties, perhaps trying to coat-tail on the success of the Labubu brand.
Daniel Sullivan explained to ITV that Pop Mart’s decision to withdraw its products from UK shelves may contribute to a rise in counterfeit activity.
It is common for third parties to attempt to benefit from the success of trending products by creating dupes / copies to encourage consumers to buy from them instead of the original creator. As such, it’s highly important for brand owners to consider trade mark protection from the outset, in order to secure a lasting position in the marketplace. Don’t wait for viral fame before seeking trade mark protection – take notes from JellyCat’s approach!
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
