Latest news with #BrandyMelville
Yahoo
13 hours ago
- Business
- Yahoo
Temu Joins International Trademark Association
Temu's trying to turn a new leaf on trademarks. The company, owned by PDD Holdings, announced on July 24 it has joined the International Trademark Association (INTA) and is part of the group's anti-counterfeiting committee. More from Sourcing Journal EU Regulators Accuse Temu of Allowing Sale of Illegal Products Columbia Sportswear Accuses Columbia University of Trademark Infringement Brandy Melville Takes Swing at Temu in New Intellectual Property Lawsuit INTA represents a variety of brand owners and professionals working in the intellectual property space, including attorneys and academics. Alastair Gray, director of anti-counterfeiting for INTA, said the company has already taken part in several programs the group offers. 'INTA welcomes Temu's willingness to engage in anticounterfeiting initiatives, including in the association's annual Anticounterfeiting Workshop and Online Takedown Certificate Program which serve to share best practices and connect stakeholders,' Gray said in a statement. 'Constructive collaboration with these efforts can contribute to the protection of intellectual property rights for INTA members and support the removal of counterfeit products from the platform which ultimately protects consumers.' Temu doesn't have a pristine track record when it comes to intellectual property infringement claims. Last week, Gen Z favorite Brandy Melville filed a complaint against the company, alleging that it infringed on the brand's trademarks by allowing counterfeit items to be sold on its platform. On Monday, European Commission watchdogs announced that preliminary results of a Digital Services Act-related investigation showed that the company has been allowing the sale and distribution of illegal products on its platform. Multiple states' attorneys general have accused the company of violating U.S. laws. The most recent state-led claim, coming down from Kentucky Attorney General Russell Coleman, directly cites allegations of intellectual property infringement. Coleman wrote in his complaint that Temu has allowed its sellers to infringe on the rights of Kentucky brands and academic institutions, like the University of Kentucky, University of Louisville, Buffalo Trace Distillery and Churchill Downs. In the release announcing that it joined INTA, Temu noted that it joined an anti-counterfeiting roundtable at the trade group's May conference. Each of the aforementioned complaints or violations have come to light since the conclusion of that conference. Temu noted that since its 2022 beginning, the company has 'made significant investments in IP enforcement.' Today, its intellectual property monitoring mechanisms include 'comprehensive seller vetting and compliance training, 24/7 algorithmic monitoring with manual review, a dedicated IP protection portal and brand registry to streamline takedown submissions and an internal enforcement team that handles claims with speed and accuracy,' the company said.A Temu spokesperson said joining INTA has only enhanced the marketplace's intellectual property compliance procedures. 'Joining INTA and serving on its Anti-Counterfeiting Committee reflects Temu's ongoing commitment to ensuring a trustworthy online shopping experience,' the spokesperson said. 'We value collaboration with industry peers and stakeholders and are dedicated to advancing collective efforts in intellectual property protection.'
Fashion United
3 days ago
- Business
- Fashion United
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. Temu app Credits: Temu 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. Temu and Shein Apps Credits: Jessica Gow / TT NEWS AGENCY / TT News Agency via AFP 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. Pop-up Shein store in Marseille, October 2024. Credits: Shein 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. Summary Brandy Melville has filed a lawsuit against Temu for trademark and copyright infringement, accusing them of selling counterfeit versions of its apparel. Brandy Melville claims Temu uses a 'bait-and-switch' strategy, misleading customers with lower-quality knockoffs and infringing on trademarks. The lawsuit argues Temu controls third-party sellers, enabling infringement, and seeks to hold Temu directly responsible for counterfeit goods.
Miami Herald
16-07-2025
- Business
- Miami Herald
Shein may owe you money: here's why
I don't know about you, but I'm getting absolutely bombarded with promotional text messages lately. It used to just be emails. You'd give your email address for that sweet 15% off, maybe forget to unsubscribe, and occasionally get pinged with a sale. But now? Brands want both - email and phone - before they even let you see your cart total. And the texts never stop. I've unsubscribed. I've replied "STOP." I've blocked numbers. Still, somehow, they keep finding me. Related: Shein fined $47 million for controversial practices At a certain point, it stops feeling like a marketing strategy and starts feeling like harassment. That's why a recent class action lawsuit caught my attention. It's something so many of us deal with every day. It started with a few texts that felt like no big deal. Now, this major retailer could be forced to pay up. And if more customers speak out? The total could skyrocket. Image source: Shutterstock According to a complaint filed in the U.S. District Court for the Southern District of Indiana, one Shein shopper is suing the brand and encouraging others to join them. The customer claims Shein sent three marketing text messages to their phone in June after they had registered their number on the National Do-Not-Call list in April. What's more, the customer says they never actually signed up for the texts in the first place. Attorneys for the plaintiff say Shein violated the Telephone Consumer Protection Act (TCPA) - a federal law that prohibits companies from sending marketing texts without permission. Related: As shoppers ditch Shein and Temu, these stores are winning The lawsuit accuses Shein of causing "an invasion of privacy, an intrusion upon seclusion, and a private nuisance." The legal team is seeking a jury trial and up to $1,500 per text in damages if the court rules Shein acted willfully. That could mean thousands for one person and potentially millions if the case is certified as a class action. Shein has not yet responded publicly to the allegations. While Shein is known for making headlines in fashion, it's making just as many in courtrooms. The brand has faced multiple lawsuits over the past few years, with many involving copyright infringement. Last year, a group of independent artists filed a class action suit claiming Shein's model relies on stealing their designs. Brandy Melville filed a similar complaint soon after. But this case is different. It doesn't accuse Shein of ripping off accuses the company of violating customer trust. If the court sides with the plaintiff, it could lead to serious consequences both financially and operationally. It might mean stricter rules on how Shein and other brands collect and use customer data, or even a shift in how marketing messages are regulated across the retail industry. For everyday shoppers, it's a reminder that those "just one-time" discount pop-ups can come with strings attached - especially if you're handing over your number without realizing what you're agreeing to. And if you've been getting those texts, too? You might be part of this story whether you know it or not. Anyone who believes they may have received similar messages from Shein can reach out to the legal team leading the case. Contact Paronich Law at (617) 485-0018 or visit to learn more. Related: Popular Lululemon rival may be cutting corners, fans angered The Arena Media Brands, LLC THESTREET is a registered trademark of TheStreet, Inc.
Yahoo
05-07-2025
- Business
- Yahoo
Shein Faces Copyright Infringement Complaint from Brandy Melville
Another brand has taken a swing at Shein over intellectual property concerns. Brandy Melville's intellectual property servicer, Bastiat USA, has filed a lawsuit against Shein, alleging copyright infringement. The company states that Shein has infringed on one design copyright and four photograph copyrights. More from Sourcing Journal QVC and Cornerstone File FMC Complaint Against ONE for Alleged Failure to Fulfill Contract US Companies Take Trump Tariff Suit to Supreme Court Port of LA Ordered by Federal Judge to Clean Up Contaminated Wastewater 'Shein did not simply copy a single design. Shein did not just copy multiple product designs. Instead, Shein copied multiple Brandy melville product designs and then displayed authentic Brandy Melville products and photographs on the Shein website,' Bastiat contends in the complaint. The company alleges that Shein 'infringed the Eye Fabric Design by incorporating, or permitting others to incorporate, a substantially similar design into its products.' The complaint does not immediately make it clear whether the allegedly infringing product was sold directly by Shein or by a seller on its marketplace, but it does allege that 'the marketplace is littered with gray market goods.' Bastiat also surfaces Shein's legal record; the company has seen intellectual property-related complaints from a slew of retailers and brands, including Dr. Martens, H&M, Ralph Lauren and others. Brandy Melville said Shein's on-demand manufacturing process, which the e-tailer has said incorporates trend-focused data to create small batches of products, relies heavily on the work of others. 'What Shein really means by 'data-driven approach' and providing 'offerings that resonate immediately' is that it finds popular designs from popular designers and slavishly copies them, without regard to minor impediments such as intellectual property laws,' counsel for Bastiat said in the complaint. 'Indeed, with billions in revenue pouring in each year, IP theft is simply a cost of doing business for Shein.' Beyond its alleged infringement of the Eye Fabric Design, Bastiat states that Shein or its sellers used copyrighted product imagery to pedal copycat versions of Brandy Melville products. 'Not content just to copy Brandy Melville designs, Shein and its third-party sellers in the marketplace also markets the designs using the exact same photographs and images as those that appear on the brand's website and social media and are marketed to consumers,' Bastiat wrote in the complaint. While Bastiat does not indicate that any of these four products are copyrighted for design, the company attached the copyrights for the photography, which it contends Shein replicated or outright pulled from the Brandy Melville site. The products Shein allegedly sold by using these photographs were 'marketed and sold at prices below those charged for Brandy Melville products,' which may have incentivized value-seeking consumers to purchase them. Brandy Melville stated that, in allegedly infringing on its copyrights, Shein has negatively impacted the company's reputation with customers because 'the customer did not receive the authentic Brandy Melville good depicted. Instead, the customer received a cheaper, lower-quality Shein knockoff—i.e. a bait-and-switch.' The brand has accused the fast-fashion e-tailer of copyright infringement, false designation of origin, unfair competition and contributory copyright infringement. Contributory infringement occurs when a person or entity had reason to know of infringement occurring and either facilitated it or overlooked it. Brandy Melville has likely included this accusation because some of the copyright infringement issues spawn from listings created by third-party marketplace sellers on Shein. The Singapore-headquartered company does not manufacture or list marketplace items for sale itself. Bastiat has asked a judge to preliminarily and permanently enjoin from Shein and its sellers from infringing its copyrights going forward. It also seeks an order 'requiring the destruction of all of [Shein's] infringing products and all marketing, advertising or promotional materials depicting [Shein's] infringing products.' The company also seeks monetary damages; it estimates that the loss of profits it endured because of Shein's alleged infringement exceeds $1 million, and it seeks 'three times its actual damages or three times [Shein's] profits, whichever is greater.' Shein did not immediately return Sourcing Journal's request for comment on the lawsuit.
Yahoo
02-07-2025
- Entertainment
- Yahoo
Teen Was Denied Babysitting Payment for Wearing 'Inappropriate' Brandy Melville Tank Top. Then the Internet Rallied Behind Her
A 15-year-old took to Reddit and shared that she was denied her full babysitting payment because of her choice of attire The teenager wore a spaghetti strap Brandy Melville tank top with a cardigan over it for extra coverage during the babysitting job The parents of the children attempted to dock her payment on grounds of her clothes being inappropriateBrandy Melville is popular with tween and teen girls for its girlish take on wardrobe staples, from cropped baby tees to tank tops with lacy trim and dainty satin bows. But one of the brand's core items left one teenager fighting to receive her full babysitting payment. A 15-year-old high school student, Mae, took to Reddit to share the unexpected reaction she received for wearing Brandy Melville's Skylar Stripe Lace Tank Top — a spaghetti strap v neck tank with delicate lace trim — to a routine babysitting job. She added that she wore 'a sweatshirt over my tank top and only took it off after the kids asked me to run around with them.' The teen included snapshots of the texts between her and Marianne, the mother of the two girls she babysat for in April. "I just wanted to reach out because I haven't gotten my payment," she wrote in the messages. "I know you guys celebrate Good Friday and Easter so I totally get that it probably slipped off your radar, but if you could Venmo me when you have the chance, that would be fantastic!" Marianne told the teen over text that her babysitting outfit, which also included tan fleece sweatpants, was inappropriate and noted that her pay for that evening would be docked accordingly. "We do not feel comfortable paying you the full amount after you wore such an inappropriate clothing to our house," the parent texted back. "The kids love you and we are more than happy to give you a second chance, but we cannot pay you more that [than] $50 after you wore that outfit." The teen responded, "I just wanted to be in something flexible to run around in with Sarah and Eliza. $50 honestly does not feel [like] enough money for two kids and seven hours. I understand you do not feel okay paying me full price, but I'd be willing to do half of what I normally charge." Never miss a story — sign up for to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories. In the caption of the post, Mae asked Reddit users if she was overreacting to the situation. She also gave a breakdown of her pricing, noting that she typically charges $20 for two kids and babysat the children between 4 p.m. and 10:30 p.m. The response to the teen's messages were overwhelmingly supportive and saw multiple users in the replies praising her for being respectful and well mannered, despite the difficult situation. "[Your mom] should call them and f------SHAME them. Make sure your mom shames them for being predators who lust for teens," one user wrote. "Make sure you tell everyone teen girls are not safe there because they sexualize young women." Another comment read, "If they were uncomfortable with your clothing they could have had a conversation with you. [In my opinion,] it's just shady behavior and an excuse not to pay up. I also agree with what others are saying about them sexualizing you. It's not cool." Mae followed up the next day with an update after getting over 68,000 Upvotes and 4,600 comments on her original post. The teen told her mother about the situation, who sent Marianne an email for attempting to pay her less for the babysitting job. "She never got a response ... ," she wrote. The teen attached additional screenshots of the text exchange of how the situation with Marianne resolved. "While I feel awful that I offended you and Dan, we had never gone over rules about clothing," she wrote in the messages. "I think that it is the best decision for both of us if you pay me in total and we can put this behind us." is now available in the Apple App Store! Download it now for the most binge-worthy celeb content, exclusive video clips, astrology updates and more! Marianne said it was "disheartening" to see Mae "turn into another version of your mother," but ultimately sent the $150 in full. "I do not think we will be using [you] as a sitter anymore," the parent added, to which Mae replied, "I highly doubt I will be recommending you to any of my friends who want to get into babysitting." Read the original article on People
