Pop Mart Strikes Back: Legal Action Looms Against Unauthorized Labubu Food Products
2024-11-22
Author: John Tan
Introduction
In a surprising twist in the world of pop culture, Pop Mart is gearing up to protect its beloved character Labubu from unauthorized culinary creations. Snack vendors capitalizing on the surge in popularity of the cute yet fiercely grinning monster character may soon find themselves in legal hot water.
Pop Mart's Intellectual Property Rights
Pop Mart, the powerhouse behind the intellectual property (IP) of Labubu and The Monsters—a colorful series created by Kasing Lung—has recently announced their determination to combat unauthorized usage of their iconic characters in food items. As part of an agreement with artist Lung, who hails from Hong Kong, Pop Mart has exclusive rights to market and manage these imaginative characters, which also include Zimomo, Tycoco, Spooky, and Pato.
Labubu's Rise to Fame
Labubu exploded onto the scene in 2024, grabbing headlines when K-pop superstar Lisa from Blackpink shared her passion for the character through social media. Mr. Kevin Zhang, the 46-year-old head of strategic partnership at Pop Mart International, has recognized several food vendors in Singapore selling products inspired by Labubu without permission, leading to the imminent legal measures.
Pop Mart's Legal Action
Zhang states, “We are pursuing the necessary legal actions to halt the unauthorized usage of Labubu and The Monsters. This not only protects our interests but ensures future collaborations with legitimate brand partners aren’t compromised." He added that unauthorized snacks could potentially deter serious entities from engaging with Pop Mart for licensing opportunities, thus harming the ecosystem they are attempting to foster.
Case Studies of Unauthorized Usage
One notable case involved Ji Xiang confectionery, which began offering limited-edition ang ku kueh shaped like Labubu after a custom order. Once confronted by Pop Mart’s planned legal action, Ji Xiang co-owner Kelvin Toh announced the cessation of the monster-shaped kueh making, expressing relief as the labor-intensive process was more about marketing than profit. He intends to reach out to Pop Mart to explore potential collaboration opportunities for proper licensing.
Meanwhile, the Cantonese hotspot Peony Jade faced a similar fate. They had just launched dark chocolate bao resembling Zimomo when they, too, received news of Pop Mart's impending legal pursuit. General manager Robert Han admitted it was an oversight not to obtain a license and promptly cancelled all pre-orders. Previously, Peony Jade had successfully collaborated with various IPs, such as Angry Birds and Gudetama, showcasing a commitment to proper licensing practices.
Concerns from Legal Experts
Legal expert Tris Xavier raised another pressing concern: food safety. Xavier warned that utilizing Labubu’s likeness irresponsibly could lead to public health risks. "If someone were to suffer from a foodborne illness associated with a product that falsely claims to represent a beloved character, the original IP owner’s reputation could be significantly tarnished," he cautioned.
Further complicating matters, Francine Tan, managing director of Francine Tan Law, highlighted that Pop Mart possesses the trademark rights to Labubu, allowing them to take decisive actions against unauthorized uses. She emphasized that negligence in acquiring proper licensing can lead to severe legal repercussions and a tarnished reputation for businesses that choose to sidestep intellectual property laws.
Conclusion
The lesson here is clear: while innovation and creativity are vital in the food industry, respecting intellectual property rights is paramount. As Pop Mart prepares to protect its iconic characters, one can't help but wonder how many other brands might soon find themselves at the center of a legal battle in the ever-evolving landscape of food and pop culture—stay tuned!