Pop Mart, creator of the viral toy series ‘Labubu’ have filed for the trademark ‘Lafufu’, a term commonly known by the fandom to classify knock-offs.
(Designed by POPMART)
The History of Labubu
Hong Kong illustrator and toy designer Kasing Lung created the Labubu design in 2014. Originally inspired by Nordic mythology, Lung created the popular “The Monsters” series in 2015, a picture book trilogy depicting a wide variety of creatures causing mischief in a whimsical fantasy setting. It wasn’t until 2017 that Lung entered an exclusive license agreement with Pop Mart, a company known for selling a variety of collectible toy series in the “blind box” format. Labubus have rapidly grown in popularity, with the series gaining mainstream traction on most social networks and storefronts.
But what are Lafufu’s?
The term Lafufu refers to the knock-off version of Labubu dolls. Most Lafufu’s can be found for lower-than-retail prices online or at random markets with laissez-faire regulation. Easy ways to identify if a Labubu is genuine is if the packaging includes a pull tab rather than being taped shut or examining the doll to have exactly nine teeth. The list goes on but one of the many pieces that makes this market so popular is the Lafufu’s.
While most popular toy series tend to generate a counterfeit side-market (which is a whole other can of worms we won’t talk about here just yet), Lafufu’s are widely popular and almost encouraged in the U.S. for being an ugly kind of cute. Whether the head swivels or the eyes are misaligned, it’s purely subjective to what makes Lafufu’s so popular among the fanbase. However one thing that we can’t avoid is how it infringes on the Labubu trademark.
Labooboo?
When we saw that Pop Mart filed a trademark for the term ‘Lafufu’ we just had to look it up in the U.S. Patent & Trademark Office (USPTO) website. One thing that caught our eye is the high number of pending applications for iterations of the Labubu name. Examples include terms like “Labooboo”, “Labobou”, “Lebabe”, “Lapoopoo”, and many more.
The USPTO has a rule where if an application is too similar to a pre-existing mark, the examining attorney will refuse it based on “likelihood of confusion.” This helps protect pre-existing marks from those who could potentially infringe on their marks. While it’s highly unlikely that any of these marks will register, it’s worth taking into account as Pop Mart moves to register the ‘Lafufu’ trademark in China.
Merely Preventative
According to data published by the Shanghai Customs, over 63,000 items that infringe on Pop Mart’s intellectual property were seized this year alone. It’s clear to Pop Mart that there’s more at stake here than just profit loss which is exactly why they’re moving to register the ‘Lafufu’ trademark. In an interview with Hu Jiamin, a lawyer at Hunan Guocho Law firm described that this action is merely a preventative measure.
How Can You Protect Your Trademark?
No matter the size of your company, it’s worthwhile taking all the preventive measures to ensure that your intellectual property is safe. The first thing we urge new business owners to do is to start the trademark application process as soon as possible. Before you file, we also recommend doing a thorough search to see if someone out there is already using your name or one that’s similar. You can access the USPTO’s trademark search engine here to find pending or registered trademarks, and even a quick google search can show you potential conflicts.
Choosing a name that’s unique to you and your company can make a big difference in the success of your application. Once you have a name in mind, we encourage you to schedule a consultation with one of our licensed attorneys. During this consultation, they’ll assess the strength of your trademark and answer any questions you may have.
Ready to protect your Intellectual Property? Schedule a free 20 minute consultation today.