Fast fashion retailer Shein has been granted permission to appeal against rival Temu in a copyright dispute, a judge confirmed in a hearing on Monday. Shein can now challenge a judgment issued last month in the Court of Appeal.
The judge stated there were “compelling reasons” for the court to consider the appeal, noting it is the first time a UK court has had to examine how copyright rules apply to online marketplaces.
Shein originally brought the claim to the High Court in 2023, alleging Temu had used 2,559 of its photographs without permission. However, Mrs Justice Bacon ruled last month that Shein UK did not own the copyright of the employee photographs at the time it sent a letter to Temu, as the employees were by Shein UK’s Chinese counterpart, Guangzhou Shein.
On Monday, Shein UK argued the judge had not properly considered whether Temu was liable for how it displays photographs on its website. Michael Bloch, KC, representing Shein UK, said Temu “made no mention of sellers and gave the impression that the products on sale were being supplied by Temu”.
Mrs Justice Bacon said Mr Bloch’s argument “just about meets the threshold for real prospect of success for the purposes of permission to appeal.”
The judge also ordered Shein UK to publish a message on its supplier portal informing customers about the court’s original judgment, to be pinned or reposted weekly for six months.