The High Court has dismissed Shein’s copyright infringement claims against its online fast-fashion rival, Temu, in a decision which limits the circumstances in which online marketplaces may be liable for copyright infringement.
As Alec Cameron, IP Partner and Head of IP Disputes, and Chloe Hay, Trainee Solicitor in the Disputes and IP Disputes team, explore below, the judgment highlights the difficulty of establishing platform liability for copyright infringement and underscores the importance of claimants having clear evidence of chain of title in mass copyright infringement actions.
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