The Memo: Fake Labubu dolls causing legal issues across the UK

Dangerous fake Labubu dolls are being sold by third-party sellers on online marketplaces and in local shops across the UK. The popularity of the dolls, produced by the Chinese company Pop Mart, means that demand is far exceeding supply, and many consumers, knowingly or not, are purchasing counterfeit products. Trading standards authorities have confiscated thousands of unsafe dolls in the last few weeks.

The UK’s Chartered Trading Standards Institute has warned that these fakes may be a choking hazard for young children. They are often poorly made, which means that small parts like eyes, hands and feet, and even heads can detach and become a hazard. Loose stitching and exposed stuffing also pose a suffocation risk. As such, many of these toys breach UK regulations, as they lack the necessary precautions and safety markings. 

But the fake Labubu epidemic is not an isolated occurrence; dupes of popular brands and items have been entering the UK market for a long time, from football shirts to watches and perfume. The Intellectual Property Office’s annual survey measuring statistics between April 2024 and March 2025 found that clothing and tobacco remain the most investigated categories of products. It also found an increase in the number of investigations into toys. 

Even in cases where counterfeits don’t pose a clear risk to consumers’ safety, there are still other legal issues at play. The Trade Marks Act 1994 made it illegal to use a registered trademark to sell goods without the permission of the trademark owner. For example, a company can’t manufacture a handbag featuring a logo without the permission of the owner of the logo’s trademark. 

'Labubu' was only trademarked in the UK in 2024 after the product became an online sensation, despite the fact that the brand was launched in 2015. Not registering a brand from the get-go leaves a company vulnerable to filings from unauthorised third parties, so businesses are advised to register for trademark protection as soon as possible.  

For a product to be eligible for registration as a trademark, the product needs to be able to function as the indicator of the origin of goods. In other words, a customer should be able to recognise the product as being associated with a particular brand. This can be through recognisable words, slogans, designs, numbers and even internet domains or product shape. Unregistered brands can still be protected by pursuing a passing off action, but this is generally more time-consuming and expensive. 

Intellectual property lawyers advise companies on how to best protect their brands and products under trademark and copyright laws. They may represent an individual or company in a one-off case but many high-profile companies like sports clubs and fashion brands have long-term relationships with IP lawyers due to the volume of IP infringements they experience. To learn more about the day-to-day life of an IP lawyer, you can check out our practice area guide.