On 24 July 2025, the preliminary relief judge in The Hague ruled in a striking ex parte proceeding brought by three companies from the POP MART group. The case revolved around alleged trademark and copyright infringement of the popular Labubu characters, which are sold as collectibles in blind boxes, among other things. What began as a conflict over toys on the shelf turned into a legal lesson on trademark and copyright law that is relevant to many companies that purchase or trade products.
This case demonstrates how seriously the protection of designs such as Labubu is taken, and what the risks are of selling lookalike products, even if you have not produced them yourself.
Court case: counterfeit Labubu, what was going on?
POP MART, the Chinese maker of the popular Labubu figurine, discovered that several Dutch supermarkets were selling toys that closely resembled this character. According to POP MART, these were counterfeit Labubus: imitations that were so similar to the original design that they constituted trademark infringement and copyright violation.
Because POP MART wanted to act quickly and prevent evidence from being lost, the company opted for ex parte proceedings. This is a special legal route whereby the court can issue an injunction without first hearing the other party. Such a request is only granted if the matter is urgent and there is sufficient evidence of infringement.
What was the judge’s ruling?
The court largely ruled in favour of POP MART. It was determined that the Labubu figures are sufficiently protected by EU trademarks and copyright, and that the products in the shops bore a strong resemblance to the original design.
Based on, among other things, product photographs, trademark registrations and descriptions in the petition, the judge ruled that there was sufficient evidence of infringement.
Therefore, the following decisions were made, among others:
- Supermarkets must cease offering, selling, importing, distributing or producing products similar to Labubu within 48 hours of notification.
- For each day that the prohibition is violated, a penalty of 10,000 euros per day or 500 euros per infringing product shall apply, up to a maximum of 500,000 euros per party;
- POP MART was granted permission to seize evidence, including access to digital files, data carriers and login details if necessary to secure evidence.
No general prohibition on natural persons and no unlawful act
A number of claims were not upheld. The court rejected requests that were too broadly formulated or lacked a sufficiently specific legal basis. For example, no general prohibitions could be imposed on natural persons (such as shareholders or directors), because it had not been demonstrated that they had direct control over the infringement.
The claim based on tort was also rejected, as this ground is not suitable for ex parte proceedings. Only infringements of intellectual property rights are eligible for such proceedings.
Why is this important for entrepreneurs who sell products?
This ruling makes it clear what entrepreneurs need to bear in mind when selling products that resemble existing designs.
- Infringement does not have to be identical: products that resemble a protected design in terms of style, shape and appearance may also constitute infringement. This is certainly the case if consumers can confuse them with the original, as with the counterfeit Labubu products.
- Sales are also your responsibility: as an entrepreneur or retailer, you can be held liable even if you purchased the products from an intermediary. Therefore, always ensure that you know where your products come from and that they do not infringe on the rights of third parties.
- Copyright also applies to characters such as Labubu: copyright protects more than just books and music. A character such as Labubu is a three-dimensional design with a recognisable style and is therefore protected by copyright. No registration is required for this – originality is sufficient.
- Ex parte is fast and powerful POP MART demonstrated how effective ex parte proceedings can be. Within a matter of days, a judge can impose measures, including seizure of evidence. This often comes as a surprise to infringers, and the financial risk is considerable.
This ruling emphasises that as a seller or distributor, you cannot turn a blind eye to possible infringements: reselling also entails risks. Therefore, always check that the products you purchase are not copies of protected designs, such as those of Labubu. Need assistance? Please contact us for advice on trademark and copyright law.
