Dorsey Patent Partner Case Collard was quoted in an ABA Journal article discussing the intellectual property challenges surrounding Labubu, a wildly popular collectible produced by Chinese toy company Pop Mart.
As Labubu’s fame grows, so do the legal risks. Pop Mart has faced a wave of counterfeits and online “dupes,” prompting discussions about how best to protect the toy’s distinctive appearance.
Case shared his insights on how companies can leverage IP law to safeguard their products through trade dress and design patents.
“Design patents can be a really powerful tool, especially for products like [the Labubu], where there is something about the look of the product that is unique."
He emphasized the need for companies—particularly those experiencing rapid popularity—to take a thoughtful, layered approach to IP:
“It’s about putting tools in your toolbox. There’s not any sort of silver bullet. It’s about being thoughtful. … And thinking through some of the approaches to IP protection can be really valuable when it comes time for enforcement.”
Read the full article, "IP and pop culture are colliding over the Labubu, summer’s hottest collectible," by Amanda Robert in the ABA Journal published on August 4.