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 \u201cmanufactures and sells a myriad of items that are counterfeit or blatant copies of plaintiff\u2019s artwork, trademarks, and intellectual property.\u201d<\/p>\n
The complaint includes dozens of side-by-side images comparing Twenty One Pilots merch available on Temu with items from the duo\u2019s 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.<\/p>\n The lawsuit was brought by a legal team that includes Jeff Gluck<\/strong>, a lawyer who is also involved in the lawsuit against Temu brought last month<\/a> by the estate of the late rapper MF Doom<\/strong>.<\/p>\n The two lawsuits make many similar arguments against Temu, with the most recent complaint describing the China-based retailer as \u201cone of the most unethical companies operating in today\u2019s global marketplace. Its business practices are believed to pose great threats to individuals, marketplaces, and the environment.\u201d<\/p>\n It goes on to cite a recent complaint made by the state of Nebraska, which alleges that Temu has \u201cflooded the United States with cheap products,\u201d that its app \u201coperates as malware\u201d that \u201cunlawfully exfiltrate[s]\u201d sensitive user data that then \u201cnaturally flows to its powerful patron \u2014 the Chinese Communist Party.\u201d<\/p>\n It also cites a congressional committee\u2019s 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 \u201c\u2018a data-theft business\u2019 masquerading as an online store, run by \u2018a cadre of former Chinese Communist Party officials\u2019 that are looking to improperly install malware and spyware on the devices of US citizens.\u201d<\/p>\n “Temu is widely understood to be one of the most unethical companies operating in today\u2019s global marketplace. Its business practices are believed to pose great threats to individuals, marketplaces, and the environment.”<\/p>\n Legal complaint against Temu by Twenty One Pilots<\/span><\/p><\/blockquote>\n Temu, like Amazon<\/strong> 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.<\/p>\n \u201cTemu 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 \u2018a vertically integrated manufacturer and retailer,\u2019 making it even more \u2018vulnerable to claims that it sells pirated products,\u2019\u201d states the complaint, which can be read in full here.<\/a><\/p>\n The complaint cites eight claims against Temu, including trademark infringement under federal law, violation of California\u2019s right of publicity laws, which protect individuals\u2019 image and likeness from misuse, and \u201cfalse endorsement.\u201d<\/p>\n \u201cTemu has falsely used artwork reflecting plaintiff\u2019s name and signature on apparel, prints, and other products, creating the false impression that the plaintiff endorses Temu,\u201d the complaint alleges.<\/p>\n The lawsuit seeks damages from Temu, including punitive damages \u201cin an amount sufficient to deter Temu from their wrongful conduct,\u201d 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.<\/p>\n With merch becoming an increasingly important revenue driver for artists, lawsuits over counterfeit goods have begun to accumulate.<\/p>\n Most recently, Benson Boone<\/strong>‘s merchandise partner filed a lawsuit<\/a> last month over allegedly counterfeit goods sold outside Boone’s concerts.<\/p>\n
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