Desperation in the Tea Aisles: Nayuki Penalized for 'Guerrilla' Pop Mart IP Marketing

A Beijing court ruled against Nayuki's Tea in an unfair competition lawsuit filed by Pop Mart over the unauthorized use of its 'LABUBU' IP. The verdict emphasizes that 'fine print' disclaimers cannot excuse deceptive marketing, coming at a time when Nayuki is struggling with significant financial losses and store closures.

Adorable toy in bear costume holding object, set against a snowy winter backdrop.

Key Takeaways

  • 1Nayuki's Tea was ordered to pay 320,000 RMB for unfair competition against toy giant Pop Mart.
  • 2The court rejected the 'fine print' defense, stating that prominent use of IP-like imagery overrides small disclaimers.
  • 3Nayuki is currently facing a severe downturn, with a 239 million RMB net loss and a 12% revenue decline in 2025.
  • 4The ruling establishes a clear legal boundary against brands attempting to bypass official IP licensing through visual mimicry.

Editor's
Desk

Strategic Analysis

The ruling against Nayuki marks a maturing of China's intellectual property landscape, particularly in the hyper-competitive consumer goods sector. For years, 'grey-area' marketing—mimicking a popular IP's aesthetic without securing a formal license—was a common tactic used by brands to bypass high licensing costs. By penalizing Nayuki not just for the visual similarity but for the specific 'large-print, small-disclaimer' strategy, the court is prioritizing consumer perception over technical loopholes. As the 'new tea' industry faces a brutal price war and slowing growth, this case suggests that companies can no longer rely on low-cost IP 'borrowing' to salvage their bottom lines, as the legal and reputational costs now outweigh the momentary boost in traffic.

China Daily Brief Editorial
Strategic Insight
China Daily Brief

A Beijing court has delivered a sharp rebuke to tea giant Nayuki’s Tea, ruling that the company’s unauthorized use of Pop Mart’s iconic 'LABUBU' intellectual property constitutes unfair competition. The Chaoyang District People's Court ordered Nayuki to pay 320,000 RMB (approximately $44,000) in damages after finding that the brand used deceptive design tactics to imply a commercial partnership that did not exist. The ruling has now taken effect as neither party filed an appeal.

The dispute originated from a 2025 marketing campaign where Nayuki introduced 'Mibubu' themed drinks, featuring promotional artwork that heavily utilized the visual signatures of Pop Mart’s sharp-toothed 'LABUBU' character. While Nayuki attempted to shield itself with a microscopic disclaimer stating that prizes were self-purchased and had no official cooperation with Pop Mart, the court ruled that 'large-font promotion with small-font disclaimers' is insufficient to prevent consumer confusion. The judge emphasized that the distinctive features of LABUBU have achieved a level of public recognition that demands protection under anti-unfair competition laws.

This legal setback highlights the intensifying pressure within China’s 'new tea' sector, where brands are increasingly desperate for viral marketing hits to offset declining consumer spend. Nayuki’s financial health has been under significant strain, with its 2025 annual report showing a revenue drop of nearly 12% to 4.33 billion RMB and a net loss of 239 million RMB. The company has also been forced to shrink its footprint, recording a net closure of 152 directly operated stores as the market reaches a saturation point.

In an environment where official IP collaborations with top-tier characters can cost millions in licensing fees, Nayuki's attempt to 'ride the coattails' of Pop Mart's popularity reflects a high-stakes gamble to drive traffic on the cheap. However, the finality of this judgment signals that Chinese courts are no longer tolerating 'border-crossing' tactics that exploit the fame of established creative properties. For the industry, this case serves as a definitive warning that the space for 'creative' copyright infringement is rapidly closing.

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