Brandy Melville Takes Legal Action Against Temu for Imitation Apparel Sales

Brandy Melville, a clothing brand popular among Gen Z consumers for its minimalist and California-inspired style, has filed a federal lawsuit against online retailer Temu. The company alleges that Temu is selling unauthorized copies of its apparel and misusing its trademarks and copyrighted designs to attract shoppers. The case was filed on July 21 in the U.S. District Court for the District of New Jersey.

According to the complaint, Brandy Melville alleges that Temu offers imitation products that closely resemble its trademarked and copyrighted items, including those bearing the phrases “Brandy ♥ Melville,” “CHILL SINCE,” and “RADIO SILENCE.” The lawsuit also references the unauthorized use of a copyrighted pattern known as the Eye Fabric Design.

Photo Source: via thefashionlaw.com The company asserts that searches for its brand on Temu’s platform often return lookalike products, some of which feature identical images to those on its official website. As a result, customers may believe they are purchasing authentic Brandy Melville merchandise, only to receive unrelated or lower-quality items. The complaint describes this practice as a deceptive tactic that harms both consumers and the brand’s reputation.

In addition to trademark and copyright infringement, Brandy Melville challenges Temu’s claim that it operates as a neutral online marketplace. The lawsuit alleges that Temu is involved in several aspects of the sales process, including product listings, pricing, payment, and promotion. Brandy Melville contends that this level of control disqualifies Temu from legal protections generally afforded to platforms that merely host third-party sellers.

The complaint points to similar allegations in an ongoing lawsuit filed by Shein, which also argues that Temu actively shapes the activity on its platform while presenting itself as a passive intermediary.

This argument challenges the legal protection typically afforded to e-commerce platforms that operate as intermediaries. By framing Temu as a centralized retailer, Brandy Melville seeks to hold the company directly accountable for alleged counterfeit sales, rather than limiting claims to indirect or contributory infringement.

The lawsuit seeks both preliminary and permanent injunctions to prevent Temu from continuing to sell the disputed products. Additionally, it requests the destruction of all infringing merchandise and promotional materials, along with a comprehensive accounting of any profits Temu may have accrued from the alleged violations.