From Cute to Criminal: The Counterfeit Labubu Crisis in the United States
Greg Phillips & Stella B. Haynes Kiehn
In the world of designer toys, few characters have captured hearts, and consumer sales, quite like Labubu. Created by artist Kasing Lung, and popularized by Chinese company Pop Mart, Labubu is part of “The Monsters” series – a whimsical blend of Nordic folklore and modern culture.[1] Since its debut, Labubu has become a global sensation, with Pop Mart’s stock soaring 200% since the start of 2025.[2] However, with increasing popularity comes a dark side: counterfeiting.
Green With Envy: When Your Color Trademark Turns Out to Be Generic
PT Medisafe Technologies (“Medisafe”) has petitioned the U.S. Supreme Court to review a Federal Circuit decision upholding the Trademark Trial and Appeal Board’s (“TTAB”) refusal to register Medisafe’s dark green color mark for chloroprene medical examination gloves. In re PT Medisafe Technology, 134 F.4th 1368 (Fed. Cir. 2025).
Missing the (Lex)Mark – What Is the Proper Standing Test Before the USPTO?
Greg Phillips & Eric R. Blosser
Following a Trademark Trial and Appeal Board (TTAB) decision and corresponding Federal Circuit appeal finding that she did not have standing to oppose registration of a RAPUNZEL mark for dolls, Rebecca Curtin has filed a writ of certiorari with the Supreme Court of the United States. Curtin opposed the registration of United Trademark Holding’s RAPUNZEL mark for dolls and toys on the grounds that the mark was generic, descriptive, and failed to function as a trademark.
(Intend To) Use It or Lose It: Proving Bona Fide Intent Before the TTAB
In a precedential opinion issued in September 2025, the TTAB sustained the opposition of the mark, HOTEL EL ROBLAR, for hotel services in class 43, agreeing with the opposer that the applicant lacked bona fide intent to use the mark in commerce when the application was filed. But in fact, by the time the TTAB heard the dispute, neither party had used the mark in commerce. In his opinion, Judge Larkin likened the hotel to the famous “Hotel California,” existing “in the parties’ imaginations at all relevant times”.[1]
Sound the Alarm! How My 6-Year Old Almost Became a Copyright Pirate Overnight
As we previously wrote, in the brave new world of AI, the ability of users to push the boundaries of creativity at breakneck speed raises new challenges for IP owners. Recently, I experienced that lesson firsthand.
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