Temu is facing another lawsuit from a musical act alleging the online store is selling knock-offs of trademarked merchandise.
This time, the act doing the suing is Twenty One Pilots, the Grammy-winning pop duo known for hits like Stressed Out and Heathens.
In a lawsuit filed in the US District Court for the Northern District of California on Tuesday (September 9), lawyers for Twenty One Pilots alleged that Temu “manufactures and sells a myriad of items that are counterfeit or blatant copies of plaintiff’s artwork, trademarks, and intellectual property.”
The complaint includes dozens of side-by-side images comparing Twenty One Pilots merch available on Temu with items from the duo’s official online store. The t-shirts, tote bags, mugs, baseball caps, socks and other items on Temu often appear to be very similar or identical to the official merch, but are listed at far lower prices.
The lawsuit was brought by a legal team that includes Jeff Gluck, a lawyer who is also involved in the lawsuit against Temu brought last month by the estate of the late rapper MF Doom.
The two lawsuits make many similar arguments against Temu, with the most recent complaint describing the China-based retailer as “one of the most unethical companies operating in today’s global marketplace. Its business practices are believed to pose great threats to individuals, marketplaces, and the environment.”
It goes on to cite a recent complaint made by the state of Nebraska, which alleges that Temu has “flooded the United States with cheap products,” that its app “operates as malware” that “unlawfully exfiltrate[s]” sensitive user data that then “naturally flows to its powerful patron — the Chinese Communist Party.”
It also cites a congressional committee’s investigation into the possibility that some of the goods available on Temu were made with forced labor, and a lawsuit brought by the attorney general of Arkansas that alleges the platform is “‘a data-theft business’ masquerading as an online store, run by ‘a cadre of former Chinese Communist Party officials’ that are looking to improperly install malware and spyware on the devices of US citizens.”
“Temu is widely understood to be one of the most unethical companies operating in today’s global marketplace. Its business practices are believed to pose great threats to individuals, marketplaces, and the environment.”
Legal complaint against Temu by Twenty One Pilots
Temu, like Amazon and other online retailers, intermediates in the sale of goods from third-party sellers, but the Twenty One Pilots lawsuit argues that the amount of control that Temu exercises over who sells what on its platform in effect makes the platform itself the seller.
“Temu is known to exercise ironclad control over what products are sold on its platform, how much they are sold for, and how they are manufactured. Meaning Temu essentially functions as ‘a vertically integrated manufacturer and retailer,’ making it even more ‘vulnerable to claims that it sells pirated products,’” states the complaint, which can be read in full here.
The complaint cites eight claims against Temu, including trademark infringement under federal law, violation of California’s right of publicity laws, which protect individuals’ image and likeness from misuse, and “false endorsement.”
“Temu has falsely used artwork reflecting plaintiff’s name and signature on apparel, prints, and other products, creating the false impression that the plaintiff endorses Temu,” the complaint alleges.
The lawsuit seeks damages from Temu, including punitive damages “in an amount sufficient to deter Temu from their wrongful conduct,” as well as disgorgement of profits made from the allegedly counterfeit goods, and a court order forcing Temu to remove the infringing products from its online store and advertising.
With merch becoming an increasingly important revenue driver for artists, lawsuits over counterfeit goods have begun to accumulate.
Most recently, Benson Boone‘s merchandise partner filed a lawsuit last month over allegedly counterfeit goods sold outside Boone’s concerts.
In 2023, Harry Styles launched a wide-ranging lawsuit targeting sales of knock-off products, and in 2022, Nirvana sued around 200 online sellers for selling counterfeit goods on platforms like Amazon and Etsy.
In certain circumstances, these types of lawsuits have proven to be a headache for the suing artist. One notable example is Luke Combs, who successfully sued around 200 online sellers of counterfeit goods. One of them turned out to be a fan who sold 18 tumblers featuring Combs’ likeness via Amazon, making $380 in the process, and was ordered to pay $250,000.
Combs ended up apologizing and absolving the fan of the money owed to him.Music Business Worldwide
