Say cheese! Temu smiles after beating Shein’s photo copyright claim
13th October 2026
High Court rejects claims over product photos and orders Shein to pay damages over wrongful takedown notices.
A UK High court judge has ruled in favour of Temu in its copyright dispute with Shein, rejecting claims that Temu was liable for copyright infringement relating to product photographs uploaded to its marketplace.
The case centred on five sample images that Shein alleged had been copied and displayed on Temu’s platform. However, Mrs Justice Bacon found that Temu had neither directly infringed copyright nor authorised infringement by its users or suppliers. The court held that the temporary copies created when users view images online fall within the statutory exception under section 28A of the Copyright, Designs and Patents Act 1988, meaning UK users viewing the photos did not themselves infringe copyright.
A key issue was whether Temu, as an online marketplace operator, could be said to have authorised infringement. The judge said it could not. While Temu was aware that some suppliers might upload infringing content among the millions of listings on its platform, there was no evidence that it encouraged, approved or specifically facilitated such activity. The court noted that Temu prohibits infringement in its supplier terms, operates a takedown process and provides reporting mechanisms for users.
The court also rejected Shein’s arguments that Temu had communicated the photographs to the public or was secondarily liable for infringement through its use of product images in advertising. In relation to one supplier photograph, the claim failed because the copyright owner had consented to its use on Temu’s website.
In addition to dismissing all of Shein’s copyright claims, the court also upheld Temu’s counterclaim relating to takedown notices issued by Shein in 2023 and 2024. As a result, Shein will be required to pay damages to Temu’s UK entity, Whaleco UK Ltd, with the amount to be determined at a later hearing.
The ruling represents a significant victory for Temu and provides further guidance on the circumstances in which online marketplace operators may be held liable for copyright infringement committed by third-party sellers. As Shein and Temu are both primarily based in the People’s Republic of China, this case also highlights the ability of the court to hear and decide on a case where nearly all of the written and oral evidence was given in Chinese/ Mandarin Chinese.
Parties: Roadget Business Pte Ltd and another v Whaleco UK Ltd [2026] EWHC 2165 (Ch)
