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Home » United States: A Temporary Injunction to Combat Counterfeit LABUBU Products

United States: A Temporary Injunction to Combat Counterfeit LABUBU Products

On September 15, 2025, the United States District Court for the Central District of California granted POP MART a Temporary Restraining Order (TRO) against several 7-Eleven franchisees, accused of selling counterfeit LABUBU figurines.

The court had little difficulty characterising the conduct as counterfeiting within the meaning of the Lanham Act. The defendants attempted to rely on the “gray market” argument, claiming that the products were genuine goods distributed outside authorised channels. That argument was firmly rejected. The lack of authorisation, abnormally low prices and close visual similarity were sufficient to establish that the goods were non-genuine products unlawfully bearing the LABUBU and POP MART trademarks.

As a result, the court found that the requirements for emergency relief were met, based on the existence of irreparable harm, not only to the brand’s reputation and economic value, but also to consumers. In particular, the judge emphasised the existence of multiple consumer complaints, which helped demonstrate actual confusion and product safety risks, especially for children, as the matter had even triggered an alert from the Consumer Product Safety Commission. In this context, the injunction functioned both as a tool for rights enforcement and as a measure serving the public interest.

Products found to be counterfeit by the United States District Court for the Central District of California.

The decision also illustrates an effective litigation-driven brand protection strategy. The prohibition on sales was accompanied by disclosure obligations relating to inventories and suppliers, enabling the interim injunction to serve as a practical mechanism for identifying illicit distribution networks.

 

As the holiday season approaches, the LABUBU case is a timely reminder of an often-overlooked reality: counterfeiting thrives during peak commercial periods, including through unexpected sales channels. Anticipation, early detection and swift action remain key.

 

It is precisely within this framework that IP Twins supports rights holders, through online counterfeit detection tools, proactive monitoring of brand use and tailored enforcement strategies, before the magic of the holidays turns into unwanted litigation.

Reference:

POP MART Americas Inc. et al. v. 7-Eleven, Inc. et al., U.S. District Court, Central District of California, Order Granting Plaintiffs’ Ex Parte Application for Temporary Restraining Order, 15 September 2025, Case No. 2:25-cv-06555-MEMF-MBK.