Articles3.3.26
Sustaining Brand Success: Tina Dorr Advises on IP Beyond the Hype in Law360
The rise of viral consumer products brings unique challenges for intellectual property protection. Labubu, the collectible character-driven brand, illustrates the lifecycle of trend-driven IP and the importance of planning for sustainable enterprise value.
In the final installation of a two-part Law360 series, Tina Dorr highlights how Labubu scaled globally using copyright, trademarks, and trade dress rather than relying on U. S. patents. During a period of rapid growth, the brand's expressive rights combined with scarcity and cultural momentum reinforced its distinctiveness.
But as Dorr notes, virality is not a durable barrier to entry. As growth stabilizes and adjacent competitors enter the market, copyright and trade dress alone may be insufficient. Enforcement becomes continuous rather than episodic, and counterfeit risks can shift from brand dilution to safety concerns — such as defective Labubu knockoffs with loose parts posing hazards to consumers.
At this stage of a brand's growth, patents play a critical role. Utility and design patents covering materials, structural features, or safety-enhancing processes can offer protection that is not easily circumvented.
The takeaway for emerging consumer brands: copyright and trademarks support early-stage growth, but patents — particularly those addressing materials, assembly, and safety — provide durable protection for the long term.
But as Dorr notes, virality is not a durable barrier to entry. As growth stabilizes and adjacent competitors enter the market, copyright and trade dress alone may be insufficient. Enforcement becomes continuous rather than episodic, and counterfeit risks can shift from brand dilution to safety concerns — such as defective Labubu knockoffs with loose parts posing hazards to consumers.
At this stage of a brand's growth, patents play a critical role. Utility and design patents covering materials, structural features, or safety-enhancing processes can offer protection that is not easily circumvented.
The takeaway for emerging consumer brands: copyright and trademarks support early-stage growth, but patents — particularly those addressing materials, assembly, and safety — provide durable protection for the long term.
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