Temu has accused Shein of using litigation to stifle competition, as the fast fashion rivals’ latest legal clash opened at London’s High Court.
Shein has alleged that Temu used thousands of its product photos to advertise copies of Shein own-brand clothing on its platform, in what it claims was an attempt to “piggy-back” on its more established rival.
Shein claims Temu allowed third-party merchants to use images taken from its website to promote similar clothing on the Temu platform. The fast fashion giant argues that Temu should not be treated as a passive intermediary, and claims the business actively enabled sellers to exploit its copyrighted photography.
Temu has denied the allegations and argued that responsibility lies with the third-party merchants posting the listings, rather than the platform itself.
The marketplace has also claimed that Shein’s case is less about protecting creative work and more about suppressing a fast-growing rival.
The dispute comes as both businesses continue to battle for dominance in ultra-low-cost fashion and general merchandise, with Shein having built its global presence through direct-from-factory fashion and Temu, owned by PDD Holdings, expanding rapidly across a broader range of categories.
Temu has also issued a counterclaim against Shein over what it says were wrongly issued takedown notices, while Shein disputes Temu’s characterisation of the case.
The court battle has also drawn attention because both businesses have previously faced accusations from designers and brands over alleged copying, making Shein’s position as an intellectual property claimant particularly striking.
Marks & Clerk senior associate Noëlle Pearson said the case showed how intellectual property was increasingly being used as a commercial tool in highly competitive markets.
“There’s a striking irony in seeing Shein cast itself as defender of intellectual property,” Pearson said.
“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.
“It reflects a broader shift in modern commerce. Intellectual property is no longer just a shield against copying, but increasingly a weapon used to entrench market power and shape competitive dynamics.
“Cases like this are a reminder of why it’s worth having strong IP attorneys and lawyers. When markets become this competitive, legal strategy becomes business strategy.”
The trial is expected to last two weeks.
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