In July 2025, American girls exposed on TikTok that 7-Eleven convenience stores were selling $25 "LABUBU" dolls, which were actually counterfeit with the packaging printed with "LAFUFU". Almost simultaneously, Pop Mart is suing this global retail giant in California federal court, accusing it of systematically selling counterfeit LABUBU dolls. This lawsuit is not only a milestone in the rights protection of Chinese cultural and creative IP going global, but also opens up new ideas for the global intellectual property war due to the unique legal concept of "Trade Dress".
1、 From shelves to court: a chain of infringement brought out by chance encounter
Bubble Mart received a report in June that counterfeit LABUBU dolls of the same price as the genuine ones were found at multiple 7-Eleven stores in California. On July 18th, Pop Mart sued 7-Eleven and seven franchised stores in the Central District of California Federal Court through its three subsidiaries. The lawsuit consists of 144 pages and 288 factual statements, including secret purchase receipts, shelf display photos, and evidence of confusion on social media
The plaintiff claims triple damages, punitive damages, and applies for a permanent injunction to recall and destroy the infringing goods.
The special feature of this case is that the defendant is not a counterfeit small factory, but a retail giant with over 80000 stores. Although the 7-Eleven franchise model makes the supply chain complex, the brand's obligation to review the intellectual property rights of franchisees under US law cannot be shirked.
2、 Three major intellectual property weapons: trademarks, copyrights, and trade dress
Bubble Mart has built a three-dimensional protective net, with "commercial appearance" being particularly crucial.
Trademark rights: Core trademarks such as "POP MART" and "LABUBU" were registered in the United States in 2015, which constitutes a "notice of presumption of rights". The defendant finds it difficult to use the defense of "good faith ignorance".
Copyright: LABUBU doll design and blind box packaging have been registered for copyright in the United States. The advantage of copyright is that there is no need to prove consumer confusion, only "substantial similarity" needs to be proven.
Commercial appearance: refers to the uniqueness of the overall visual symbol of a product. Pop Mart advocates that LABUBU's combination of "serrated teeth, pointed ears, and specific facial expressions" has a "second meaning" - consumers associate it with Pop Mart when they see it. This clause can bypass the traditional trademark's reliance on textual identification and directly attack the visual effects of counterfeit products, making it a powerful tool for cultural and creative enterprises to protect their rights across borders.
3、 Why choose the United States? Three Major Advantages
Clear jurisdiction: 7-Eleven is sold physically in California, and federal courts have clear jurisdiction. Additionally, the US evidence disclosure system can compel defendants to submit supply chain records to identify the source of counterfeit goods.
Punitive damages: The Lanham Law stipulates a maximum of three times the punitive damages for malicious counterfeiting and supports the transfer of lawyer fees, which exponentially increases the cost of infringement and has a greater deterrent effect on large enterprises.
Efficient temporary injunction: In the Netherlands, Pop Mart has simultaneously applied for a "unilateral temporary injunction" against retail giants, without the need for the defendant to attend. The process from application to delivery takes only a few days, demonstrating the execution power of the global rights protection strategy.
4、 Compulsory courses for Chinese IP going global
1. Pre registration: Bubble Mart completed trademark registration in the United States in 2015, covering multiple countries through the Madrid Protocol. By 2025, more than 300 trademarks and over 200 copyrights have been registered worldwide.
2. Evidence retention: The "second meaning" of commercial appearance requires massive evidence support from advertising, sales, media, and other sources. The statement in paragraph 288 of the complaint is the culmination of years of brand building. Enterprises need to establish intellectual property archives on a daily basis to turn each marketing campaign into a tool for safeguarding their rights.
3. Layered rights protection: The three-level mechanism of "complaint letter lawsuit": the platform first complains about delisting, then sends a lawyer's letter to solidify the evidence of "intentional infringement", and finally brings a lawsuit against the core subject. This strategy controls costs and accumulates advantages for litigation.
5、 Conclusion: From Manufacturing to Creation
The competition between Pop Mart and 7-Eleven is essentially a dialogue between original value and channel hegemony. From supermarkets in the Netherlands to convenience stores in the United States, the 2025 Global Rights Action reveals that IP infringement follows closely as it goes global.
But this also forces companies to establish a mature protection system - when LABUBU's unique facial expressions are protected by "commercial appearance", what we see is the efforts of China's original forces to fight for the right to speak in the global rule system.
Inspiration: Your product can be a doll, design, or story, but first and foremost, it must be a set of rights protected by law. Only in this way, when "LAFUFU" appears on the shelves, will you have the confidence to file a lawsuit and tell the world that originality deserves respect and infringement must be paid for.