Dive Brief:
- Brandy Melville holding company Bastiat USA has filed a lawsuit against Temu, claiming Temu violated its intellectual property rights.
- Attorneys for Brandy Melville say Temu sells and advertises counterfeit Brandy Melville products, and in some cases uses identical photographs that appear on Brandy Melville’s website. The lawsuit shows one instance where Temu allegedly sold a shirt with the Brandy Melville logo on it.
- The recent lawsuit is very similar to one Brandy Melville filed against Temu’s fast fashion competitor Shein in June, which also accused Shein of using Brandy Melville photos to sell counterfeit products. One product, a pair of eye-print boxer shorts, is listed as evidence in both the Shein and Temu complaints.
Dive Insight:
Attorneys for Brandy Melville are seeking a jury trial in the case and a ruling that would stop Temu from designing, manufacturing and selling any products that incorporate Brandy Melville copyright or trademarks. It is asking for compensatory damages of no less than $1 million.
Brandy Melville additionally accuses Temu of false designation of origin, unfair competition and counterfeiting.
The complaint was filed in the U.S. District Court for the District of New Jersey on July 21. A Temu spokesperson didn’t immediately respond to Fashion Dive’s request for comment.
Brandy Melville is a fast fashion company. In its complaint, it differentiates itself from Temu by calling Temu an “ultra fast fashion” company.
“As opposed to ‘fast fashion,’ which focuses on mass production, the ‘ultra fast fashion’ market relies on a highly tech-enabled supply chain that includes a limited pool of independent clothing makers that create and deliver products on demand, at a razor-thin margin,” the complaint states.
Brandy Melville’s attorneys further argue that Temu’s business model is only possible through exploiting others' intellectual property and claims Temu went to great lengths to trade off Brandy Melville’s goodwill with customers.
This recent lawsuit against Temu differs from the one Brandy Melville filed against Shein because the July complaint takes aim at Temu calling itself a marketplace. Shein itself has dropped the same allegation against Temu in a lawsuit filed in 2024, and Brandy Melville attorneys reference this lawsuit, which is ongoing, in the complaint.
Attorneys say Temu isn’t just a hosting platform because it allegedly asserts control over the sellers on its platform, and it handles payment processing, shipping and advertising.
