Shein accuses Temu of copyright infringement as High Court trial begins

Online fast-fashion platform Shein has accused rival Temu of copyright infringement "on an industrial scale", with Temu countering the claim, which has now entered trial at High Court in London.

The trial is part of a global legal battle between the two Chinese retailers, with previous trials in the US, according to Reuters.

Shein has alleged that Temu used thousands of its photos to advertise copies of its in-house clothing brand, thereby piggybacking on its meteoric growth.

Specifically, Shein claims that Temu allowed its third-party merchants to use more than 2,300 images from its website to promote close copies of its in-house clothing brand. It argued that Temu should not be treated solely as a passive intermediary and instead actively enabled sellers to use Shein's photography.

"This was an attempt to steal a march on an existing participant in the market and Temu has sought to obtain, we say, an unfair advantage," Shein's lawyer, Benet Brandreth, told Reuters.

Temu, which is owned by PDD Holdings, denied the allegations, with its lawyers arguing that Shein's lawsuit is not a legitimate attempt to stop copyright infringement, but instead is meant to secure it a competitive advantage.

Temu also counterclaimed, saying that Shein is using litigation to stifle competition. It is also arguing that responsibility for the photo listings lies with the third-party merchants and not the platform itself, and is now seeking damages after it had to remove thousands of product listings when Shein obtained an injunction.

Noëlle Pearson, a senior associate at internationally leading intellectual property law firm Marks & Clerk, said: "There’s a striking irony in seeing Shein cast itself as a defender of intellectual property.

"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 its worth having strong IP attorneys/lawyers when markets become this competitive, legal strategy becomes business strategy."

Temu is also alleging that Shein broke competition law by tying fast-fashion suppliers to exclusive agreements, with this part of the case due to go to trial next year.

The current London trial, which will last two weeks, is the latest legal altercation between the two rivals, following previous lawsuits in the US.

The legal battle also follows intensifying regulatory scrutiny.

While UK Chancellor Rachel Reeves announced last year that the government will not scrap the UK’s "de minimis" tax loophole - which allows overseas retailers including Shein and Temu to avoid import duties on parcels worth under £135 - until 2029, scrutiny is intensifying.

The exemption has also been heavily criticised for giving the two foreign e-commerce giants an unfair advantage.

TheIndustry.fashion has reached out to Shein and Temu for comment.