On April 9, 2021, the Shanghai Intellectual Property Court made a first-instance judgment in the case of the plaintiff Beijing Pop Mart Cultural and Creative Co., Ltd. v. the defendant Suzhou Industrial Park Ruotai Technology Co., Ltd. for infringement of design patent rights, and rejected all litigation claims of Beijing Pop Mart Cultural Creative Co., Ltd.

The Shanghai Intellectual Property Court held that although dolls and toys are generally anthropomorphic, the overall figure ratio and shape, head shape, and clothing design of the dolls are quite different, and the design space is relatively large.

For general consumers of doll toy products, while paying attention to the product's overall shape, they will also pay attention to the product's head shape and clothing design, especially the specific design of facial features and expressions. Among them, the eyes and mouth are more likely to significantly impact the overall shape and particular expressions of the face.

Since the alleged infringing product and the involved patent have significant differences in facial features, hairstyles, and clothing, the foregoing differences significantly impact the overall visual effect of the two products. According to the general observation and comprehensive judgment, there is a substantial difference in the overall visual effect of the design of the accused infringing product from the patent involved, and the two are neither the same nor similar.

Therefore, the "Chocat" series of products did not constitute an infringement on the plaintiff's design patent.