Shein has been granted permission to appeal against rival Temu in a copyright dispute described as the first of its kind in the UK.
A judge confirmed at a hearing on Monday that Shein could challenge a judgment handed down the previous month in the Court of Appeal. The judge said the appeal should be considered because it would be the first time a UK court had examined how copyright rules apply to online marketplaces.
Dispute over 2,559 photographs
Shein originally brought the claim to the High Court in 2023. In June, it asked Temu to remove 2,559 photographs that Shein claimed had been taken by its employees, freelancers, agencies or suppliers.
Shein alleged that Temu had used the photographs without permission. It argued that the images represented copyright infringements on a substantial scale and that Temu presented them as its own, without making clear that they had been posted by sellers.
Mrs Justice Bacon ruled that Temu suffered a loss after removing thousands of product listings from its website following Shein’s letter and the court proceedings.
Shein challenges responsibility for website images
Shein UK argued on Monday that the judge had not properly considered whether Temu was liable for how it publicly displayed photographs on its website.
Michael Bloch KC, representing Shein UK, said Temu differed from YouTube because it made no mention of sellers and gave the impression that Temu supplied the products being sold.
Mrs Justice Bacon said the fact that the case was the first UK case to consider applying a hosting defence to an online marketplace was a compelling reason for the Court of Appeal to consider the matter.
The appeal follows Shein’s listing in Hong Kong at the start of September through a price-cut initial public offering, after two failed attempts in London and New York.
Source: City AM
