When E-Commerce Platforms Cross the Line: Brandy Melville’s Legal Battle Against Temu

In July 2025, Brandy Melville filed a lawsuit against ultra-fast-fashion platform Temu, alleging trademark infringement, copyright violations, and the sale of counterfeit goods. The fashion retailer claims Temu is not just a passive marketplace but an active retailer—setting prices, controlling listings, and using identical product photos from Brandy Melville’s official website. The case, lodged in the U.S. District Court for the District of New Jersey, points to near-identical reproductions of Brandy Melville’s designs and branding, allegedly aimed at targeting its customer base.

At the heart of the dispute are questions of platform liability. Brandy Melville argues that Temu’s control over transactions and marketing strips it of the legal protections usually given to intermediaries. The allegations cover the misuse of registered trademarks, unauthorised copying of fabric designs, and the sale of counterfeit goods falsely branded as genuine. If the court accepts this “retailer” classification, it could mark a turning point in how online platforms are held accountable for infringement.

For brands, the risks are clear. Counterfeit listings can damage reputation, reduce revenue, and erode customer trust—risks amplified by the speed and reach of global e-commerce. Protecting against these threats requires registering IP in key markets, monitoring platforms for infringing listings, keeping detailed creative records, and having enforcement tools like takedown notices ready to deploy.

Source: Sourcing Journal

The outcome of Brandy Melville vs. Temu could set a precedent that reshapes cross-border brand protection strategies. In a digital marketplace where infringement can happen anywhere and at any time, proactive IP enforcement is no longer optional—it’s essential. At intellect, we help brands secure and defend their rights worldwide. Contact us to safeguard your business before the damage is done.