The market for “dupes,” or replica products that lack the logos and other trademarked features of the real thing, has created one of the more unusual trademark landscapes. Pop Mart’s complaint against makers of “Lafufu” knockoff dolls raises important questions about brand protection, consumer confusion, and the limits of IP enforcement in an era when counterfeit goods have developed their own loyal following.
The Pop Mart Phenomenon
Beijing-based Pop Mart sells designer character-inspired toys in a “blind box” format, meaning that customers do not know which toy they will receive until they open the packaging. The company’s marketing strategy combines this with strategic partnerships with pop artists. Pop Mart’s most popular products are its Labubu doll line, a collaboration with Hong Kong artist Kasing Lung. Labubus have achieved cult status among Gen Z collectors in the United States, fueling intense demand and resale price spikes. Retail prices range from $20 to $30, but resale values can climb dramatically; a life-size Labubu sold at auction for over $170,000.
The Labubu knock-offs, called “Lafufu” dolls, are sold online and in more informal retail settings, such as gas stations. Lafufus have developed their own collector community, whose buyers actively seek intentionally deformed versions featuring more or fewer than 9 teeth, unusual colors, and crooked ears. Videos on TikTok and Reddit fuel demand for both the authentic product and the dupe.
La Trademark Issue
Authentic Labubus have precise characteristics: nine teeth, a peach-colored face, matte box packaging, an official QR code, and a seal on the right foot visible only under UV light. Pop Mart holds various trademarks, copyrights, and intellectual property protections related to the doll line. Lafufus may pose a potential trademark infringement scenario, but enforcement may be complex. If Pop Mart were to pursue enforcement in the United States against counterfeit manufacturers, either side could use consumer survey research.
Consumer Survey Use
Pop Mart could potentially assert infringement in a US-based claim on grounds of consumer confusion and/or trademark dilution. Proving each of these theories in litigation benefits from consumer survey research. A likelihood of confusion survey could measure whether consumers believe that Lafufus (the dupes) are made by, affiliated with, or endorsed by Pop Mart, and a likelihood of dilution survey could assess whether exposure to Lafufu dolls weakens consumers’ association of the Labubu design with a single source, or tarnishes Pop Mart’s brand reputation. A secondary meaning survey could establish whether aspects of the Labubu marks or trade dress, including its distinctive aesthetic and packaging, have acquired the kind of consumer recognition that qualifies it for trademark protection.
Lafufu manufacturers could retain survey experts to build an argument that consumers are not confused; after all, the active collector community specifically seeks out Lafufus for its intentionally distinctive deformities. If Pop Mart introduced survey evidence, Lafufu manufacturers could also consider a survey rebuttal from a qualified expert, which could challenge the methodology and potentially limit the weight a court assigns to Pop Mart’s evidence.
Dupe Culture and IP Enforcement
As dupe culture matures and counterfeit goods develop their own secondary markets and collector communities, it is harder to draw the line between infringement and independent market dynamics.
IMS Legal Strategies’ in-house survey experts design and conduct likelihood of confusion surveys, dilution surveys, secondary meaning surveys, false advertising surveys, and survey rebuttals that meet rigorous legal and social science standards. Our team has supported counsel across thousands of matters before federal and state courts, the U.S. Trademark Trial and Appeal Board, and the BBB National Programs’ National Advertising Division (NAD). Contact us to discuss how survey evidence can inform your litigation strategy.
