Retail company Brandy Melville takes legal action against marketplace Temu, alleging unlawful trademark violations and counterfeiting of their fashion brand's products.
Brandy Melville Sues Temu Over Alleged Intellectual Property Violations
In a move reminiscent of a previous lawsuit against fast fashion competitor Shein, Brandy Melville's holding company, Bastiat USA, has filed a lawsuit against Temu for alleged intellectual property rights violation. The complaint, filed in the U.S. District Court for the District of New Jersey on July 21, accuses Temu of selling and advertising counterfeit Brandy Melville products, including using identical photographs from Brandy Melville's website.
Brandy Melville's attorneys argue that Temu's business model exploits others' intellectual property. They seek a jury trial and a ruling that would stop Temu from designing, manufacturing, and selling any products that incorporate Brandy Melville's copyright or trademarks. The company is also seeking compensatory damages of no less than $1 million.
The ongoing lawsuit against Shein is mentioned in the complaint against Temu. Brandy Melville's attorneys claim that Temu isn't just a hosting platform because it allegedly controls sellers, handles payment processing, shipping, and advertising. Shein has dropped the same allegation against Temu in a lawsuit filed in 2024, a fact referenced in the complaint.
The lawsuit claims that Temu sells counterfeit products, including a pair of eye-print boxer shorts, listed as evidence in both the Shein and Temu complaints, and a shirt with the Brandy Melville logo. The 'ultra fast fashion' market, of which Temu is a part, relies on a tech-enabled supply chain with independent clothing makers creating products on demand. However, the lawsuit differentiates Temu as an "ultra fast fashion" company.
As of the time of this article, Temu hasn't responded to Fashion Dive's request for comment. The lawsuit against Temu is the latest in a series of legal battles Brandy Melville has waged against fast fashion companies accused of intellectual property violations. The case serves as a reminder of the importance of protecting intellectual property rights in the rapidly evolving fashion industry.
The initial lawsuit against Temu was filed by Bastiat USA in the District Court of Delaware on March 1, 2023. Brandy Melville's attorneys further argue that the company's business practices constitute false designation of origin, unfair competition, and counterfeiting. The case is currently ongoing, and the outcome could have significant implications for the 'ultra fast fashion' industry.
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