Shein has initiated legal proceedings against its competitor Temu, alleging widespread copyright infringement involving thousands of product photographs. The fast-fashion giant claims that images owned by Shein were used without authorization on Temu's website, often appearing shortly after being uploaded to Shein's platform.
Allegations of Industrial-Scale Infringement
In the High Court, Benet Brandreth KC, representing Shein Distribution UK and Roadjet Business, described the infringement as 'flagrant' and occurring on an 'industrial scale'. He noted that Temu has conceded that photographs taken by Shein employees—constituting approximately 90% of the claim—belong to Shein. The disputed images include items such as a batwing sleeve blouse, wide leg trousers, and ruffle hem trousers.
Brandreth argued that Temu sought to 'steal a march on an existing participant in the market' and obtain an unfair advantage. He stated that Temu continues to sell items that copy or are identical to Shein's own-brand clothing, using the same images from Shein's website, often cropped or altered to mask their origin.
Temu's Defense and Counterclaim
Whaleco UK Limited, part of the Temu group, insists the allegations are an attempt to 'stifle legitimate competition'. Charlotte May KC, representing Whaleco, claimed that Shein has waged an 'aggressive and relentless battle' for nearly three years, resulting in costs far outweighing potential damages. She argued that the case is not about protecting intellectual creativity but about stifling competition.
May explained that Temu requires merchants to have at least one product photograph, and preventing their use would effectively block sales. She alleged that Shein improperly exploited Temu's notice and takedown procedure to remove thousands of product listings before proceedings began. Temu is counterclaiming for losses arising from Shein's allegedly wrongful claims.
Irony of Shein's Position
Legal experts have highlighted the irony of Shein's claim, given its own history of being accused of copying designs from independent creators. Noëlle Pearson, senior associate at Marks & Clerk, remarked: 'There's a striking irony in seeing SHEIN cast itself as defender of Intellectual Property. A company long accustomed to fending off claims from independent designers and major brands like H&M is now using the same legal playbook offensively against its rival TEMU.'
Independent designers have previously accused Shein of stealing their designs. For instance, artist Vikki Jones discovered her original artwork on Shein and Temu at lower prices, and while she successfully filed a copyright claim resulting in removal, she received no compensation. Similarly, boutique owner Maddie Glass found Shein selling knock-offs of her £40 leopard star jogging bottoms, missing features like drawstrings and pockets.
Temu Also Faces Similar Accusations
Temu has not been immune to such accusations. Dressmaker Christina Ashman reported that a third-party seller used her photos of a custom Valentine's Day dress to sell an imitation for £18.50, compared to her original price of £79. The listing sold over 9,500 units before being removed after a social media campaign. Temu acknowledged the challenge of spotting stolen designs among the sheer volume of goods sold.
The trial before Mrs Justice Bacon is expected to last two weeks, with a ruling to follow.
