M&C in the news: Shein loses UK copyright battle against Temu

The dispute between Shein and Temu has become one of the most closely watched intellectual property battles in modern retail, raising important questions around copyright enforcement, marketplace accountability and the role of IP in platform-driven markets.

A recent UK judgment in the case has added further clarity to the legal position of online marketplace operators, particularly around intermediary liability and the circumstances in which platforms may be able to rely on hosting defences.

In recent coverage across World Trademark Review, The Trademark Lawyer Magazine, The Industry.Fashion, Business Matters Magazine, Fashion United and ICLG, Elise Cant comments on the implications of Shein losing its UK copyright battle against Temu. She notes that the court’s indication on the hosting defence is particularly significant for platform operators acting as intermediaries, and could provide greater legal certainty for online marketplaces dealing with third-party content hosted on their platforms.

The case has also drawn renewed attention to earlier comments from Noëlle Pearson, which have been highlighted in Insurance Business Magazine. Noëlle had previously commented on the wider Shein and Temu dispute in The Trademark Lawyer Magazine, highlighting how central intellectual property has become to competitive strategy between platforms, being used offensively against rivals as much as defensively to protect a brand’s own position. The latest judgment adds a practical dimension to that analysis, underlining the potential cost of pursuing an offensive IP strategy without the legal groundwork firmly in place.

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Significantly, the court indicated that even if infringement had been established, Temu would have been entitled to rely on the ‘hosting defense,’ which protects online platforms acting as intermediaries where they lack actual knowledge of the infringing content.

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