Brandy Melville files federal lawsuits against Temu & Shein over alleged counterfeits

In the face of copycats, Brandy Melville is not one for sitting quietly. A month after filing a federal lawsuit against Chinese fast-fashion giant Shein for alleged copyright infringement, unfair competition, and deceptive sales tactics, the California-based teen retailer has filed another lawsuit against Chinese online marketplace Temu, accusing Temu of selling counterfeit versions of its apparel.

On July 21. Bastiat USA, Inc. and Y.Y.G.M. SA (collectively known as Brandy Melville) filed a trademark infringement lawsuit in the US District Court of New Jersey against Temu for selling copycat versions of its products that breach trademark and copyright laws. In the complaint, Brandy Melville accuses Temu of selling illegal knockoffs of its design, with certain product listings featuring the same images as those from Brandy Melville’s official website.

Temu accused of selling counterfeit Brandy Melville apparel

The brand further alleges that Temu employs a ‘bait-and-switch’ strategy, misleading consumers into buying what appears to be genuine Brandy Melville clothing when it’s actually lower-quality knockoff merchandise, which harms the brand’s reputation. The teen-apparel brand also accuses Temu of intentionally violating its trademark rights by using the ‘Brandy ♥ Melville,’ ‘CHILL SINCE,’ and ‘RADIO SILENCE’ marks without permission. Additionally, Brandy Meville alleges that Temu is selling clothing that copies its copyrighted Eye Fabric Design.

In the complaint, Brandy Melville goes on to argue that Temu maintains “control over its so-called independent sellers as to almost every aspect of its marketplace,” according to an article by The Fashion Law. With this accusation, it is evident that the brand is preparing to counter one of Temu’s most expected defenses: that it is a neutral platform that connects third-party sellers with consumers and should not be held responsible for sellers’ trademark violations. The distinction between what third-party sellers and the marketplace itself is key, as courts have historically been hesitant to hold marketplace platforms liable for what third-party sellers do on their sites. 

The lawsuit goes on to reference ongoing litigation between Shein and Temu, where Shein makes comparable arguments against Temu. Brandy Melville highlights Shein’s claims that Temu pretends to be a legitimate marketplace while actually controlling seller behavior, including what products they list, how they price items, and even preventing sellers from removing problematic products when issues arise.

Brandy Melville lawsuit claims Temu controls third-party sellers, enabling infringement

By claiming that Temu dictates product selection, sets prices, handles payments and shipping, and actively promotes products through its app and social media channels, Brandy Melville argues that Temu operates more like a traditional retailer than a hands-off marketplace platform. If successful in courts, this argument would make Temu directly responsible for trademark infringement on its site.

If courts agree, Temu could face direct liability for counterfeit goods rather than just indirect responsibility, which would mean much higher potential damages and could undermine the marketplace model that has driven Temu’s rapid US expansion. Brandy Melville is seeking court orders to immediately stop Temu from selling knockoff products, next to the destruction of all counterfeit inventory and marketing materials, and a full accounting of profits Temu made from the alleged counterfeits.

The lawsuit against Temu comes after Bastiat USA filed a lawsuit against Shein in the US District Court of California on June 23, accusing the ultra-fast fashion retailer of duplicating numerous Brandy Melville designs and marketing them using actual photographs of Brandy Melville products on its website. The legal filing includes direct comparisons showing Brandy Melville’s original images alongside virtually identical photos that allegedly appeared on Shein’s platform, alleging a deceptive ‘bait-and-switch’ strategy like Temu.

Brandy Melville alleges Temu & Shein use 'Bait-and-Switch' tactics with copycat designs

The lawsuits filed by Brandy Melville come as fashion designers across the board fight against copycats. Traditionally, fashion designs are notoriously difficult to copyright as basic clothing forms, patterns, and functional features are considered useful attributes and not unique to be protected, unless they feature distinctive, original expression. 

Trademarks can protect brand logos, but only when knockoffs use identical or confusingly similar marks. As such, these legal frameworks have led to various brands and retailers copying runway designs and independent brands with little consequence.

However, the Brandy Melville lawsuits offer a stronger case because they go beyond design copying. The complaints allege that Temu and Shein directly stole Brandy Melville’s promotional photographs and website content to market their copycat products, crossing into clear copyright infringement territory, as companies cannot legally use another brand’s copyrighted images to advertise their own merchandise.

Unlike typical knockoff cases that struggle with weak intellectual property protections, Brandy Melville has focused on clearly protected content with compelling visual evidence through screenshots and side-by-side comparisons, which gives courts a solid foundation for granting a legal ruling against the alleged infringement.

FashionUnited contacted both Shein and Temu for commentary on the lawsuits prior to publication, but received no response.