Shein vs Temu (USA): The Ongoing Legal Battle Over Trademarks and Copyrights

The growing rivalry between Shein and Temu in the United States is far more than just a competition over low prices. Both companies have filed lawsuits accusing each other of copying designs, selling counterfeit goods, and misusing intellectual property.

While some antitrust and trade-secret claims have been dismissed, the copyright and trademark disputes are still active in court — and they could shape how fast-fashion platforms operate in the future.

Timeline of the Shein–Temu Dispute

December 2023: Temu (WhaleCo) sued Shein in the U.S., alleging intimidation of suppliers, data misuse, and unfair business practices.
August 2024: Shein filed a counterclaim, accusing Temu of copying product designs, stealing promotional images, and misleading consumers.
2024–2025: Federal courts reviewed a wide range of allegations. In October 2025, Judge Timothy Kelly dismissed some antitrust and trade-secret claims but allowed the copyright and trademark issues to proceed.

What’s Being Disputed

Copyright Infringement

Shein claims that Temu used its photos, videos, and marketing materials without permission. Temu, in return, accuses Shein of abusing the takedown process by filing false copyright claims.

Trademarks and Branding

Both companies allege consumer confusion and unauthorized use of logos and marks. Trademark-related claims remain a central part of the ongoing case.

Patents

While both Shein and Temu hold various patents, patent infringement is not the main issue. The focus lies on copyright, trademarks, and counterfeit listings.

SHEIN’s Brand Portfolio

Shein controls or is associated with several sub-brands, including:

ROMWE – acquired in 2014
MOTF – premium / classic line
SHEGLAM – cosmetics and beauty products
EMERY ROSE – soft and cottagecore style
DAZY – trendy streetwear
CUCCOO – affordable footwear
Luvlette – lingerie and comfort wear
23 Fashion – occasionally linked to Shein operations

Most trademarks are officially registered under Roadget Business Pte. Ltd. (Singapore), which manages over 1,300 Shein-related trademarks worldwide.

Court Developments and Current Status

U.S. federal courts are focusing on intellectual property aspects of the dispute rather than competition or trade secrets. Judge Timothy Kelly narrowed the case by dismissing jurisdictional and procedural parts but kept trademark and copyright claims alive.

This means both companies could soon face detailed discovery processes or settlement discussions regarding their content usage and branding practices.

Key Takeaways for the Market and IP Practitioners

For large e-commerce platforms, content and brand protection are becoming more valuable than patents.
The takedown system (for removing infringing content) is now a major competitive weapon.
Antitrust claims are harder to prove when much of the business happens outside U.S. borders.
Suppliers and designers must carefully manage licensing, trademarks, and visual assets to avoid legal exposure.