Published August 13, 2026Fast-fashion retailer Shein has lost a High Court copyright lawsuit against rival online marketplace Temu over the alleged use of photographs of Shein products, in a ruling that could have significant implications for the liability of online marketplaces hosting content uploaded by third-party sellers. Justice Kelyn Bacon dismissed Shein’s copyright infringement claims, finding that Temu had not authorized copyright infringement by merchants using the disputed images and, significantly, that Temu would in any event have been able to rely on the so-called “hosting defense” if infringement had been established. The judgment concerns the first stage of a wider legal battle between the two e-commerce rivals. Shein, operated by Roadget Business Pte Ltd and related entities, brought proceedings against Whaleco UK Ltd, the UK Temu business, in 2023. At trial in May, Shein alleged that Temu had infringed its copyright “on an industrial scale,” accusing the marketplace of using photographs of Shein’s own-brand clothing to promote products sold by third-party merchants and thereby “piggy-back” on Shein’s established market position.