Kalpana & Partners

Kalpana & Partners A boutique legal firm in Johor Bahru providing a broad spectrum of legal services and solutions

Malaysia has introduced new online safety rules to help create a safer digital environment for everyone. Social media an...
08/06/2026

Malaysia has introduced new online safety rules to help create a safer digital environment for everyone. Social media and online platforms are now required to take stronger action against scams, harmful content, cyberbullying, and AI-generated fake content. These measures aim to better protect users, reduce online risks, and make the internet a safer place for all Malaysians.

01/06/2026
Happy Wesak đŸȘ·
31/05/2026

Happy Wesak đŸȘ·

The Shein vs Temu Legal Battle Explained. What happens when two e-commerce giants clash over copyright? A beginner's gui...
14/05/2026

The Shein vs Temu Legal Battle Explained. What happens when two e-commerce giants clash over copyright?

A beginner's guide to one of 2026's biggest business lawsuits.

If you've ever scrolled through TikTok or Instagram, you've probably seen ads for Shein and Temu. Both platforms promise trendy clothes and cheap gadgets delivered to your door. Both have exploded in popularity. And right now, they're locked in a high-stakes legal battle in London's High Court that could reshape how online businesses handle images, competition, and intellectual property.
This isn't just corporate drama. It's a real-world lesson in copyright law, business ethics, and what happens when "moving fast and breaking things" collides with legal reality. Let's break it down.
The Players
Shein is the ultra-fast fashion giant you probably know from late-night shopping sprees. Founded in 2008, it's become one of the world's largest online fashion retailers by offering thousands of new styles every week at rock-bottom prices. Shein employs photographers, stylists, and editors to create polished product images for its platform. Those photos are everywhere: on their website, app, social media, and marketing materials.
Temu is the aggressive newcomer. Launched in 2022 by PDD Holdings (the same company behind Chinese platform Pinduoduo), Temu markets itself as the place to "shop like a billionaire" with prices even lower than Shein. It sells everything from clothes to kitchen gadgets. Within two years, it became one of the most downloaded shopping apps globally, fueled by massive ad spending and viral marketing.
But that rapid growth came with a cost. And that's where the lawsuit begins.

In early this year, Shein filed a lawsuit in the UK High Court accusing Temu of copying thousands of Shein's product photos and using them to promote similar or identical products on Temu's platform.

Shein's claim is simple but serious that is Temu didn't want to invest time and money in creating original photos, so it allegedly took a shortcut by copying Shein's work. Shein calls this "copyright infringement on an industrial scale" meaning not a few accidental copies, but systematic, large-scale theft of intellectual property.
According to reports, Shein alleges that Temu used these copied images to "piggy-back" on Shein's brand recognition and creative work. In business terms, that's getting a free ride on someone else's investment.
What is copyright, and why does it matter here?
Copyright is a legal protection for original creative works photos, music, writing, videos, art, code, etc. When you create something original and fix it in a tangible form (like taking a photo), you automatically own the copyright to that work. That means others can't copy, distribute, or profit from it without your permission.
In the digital world, where copying is as easy as right-clicking, copyright law is one of the few tools creators have to protect their work. Shein's argument is straightforward: "We created these images. Temu stole them. That's illegal."

The trial kicked off in London in May 2026. Shein's lawyer, Benet Brandreth KC, laid out the case before the judge. Here are the key moments:-

1. Temu dropped its defence for 2,300 photos
Brandreth told the court that Temu had already withdrawn part of its legal defence for nearly 2,300 copyrighted photos taken by Shein employees. In legal terms, "dropping a defence" is a big deal — it suggests the evidence was strong enough that continuing to fight that specific claim wasn't worth it.
Brandreth compared Temu's move to "a defendant who waits to see if witnesses will turn up, and only pleads guilty when they do." Translation: Temu only backed down when they realized Shein had the receipts.

2. Shein says Temu tried to "steal a march"
Brandreth argued that Temu's alleged copying was a deliberate strategy to gain an unfair competitive advantage. Instead of building its own image library from scratch, Temu allegedly took the easier (and illegal) route by using Shein's work.
"This was an attempt to steal a march on an existing participant in the market," Brandreth said. "Temu sought to obtain an unfair advantage."

Temu's Defence was "We Had Permission"
Temu isn't going down without a fight. Their lawyer, Charlotte May, argued that the merchants (third-party sellers) on Temu's platform had obtained the necessary consent to use the images in question.
In other words, Temu is saying: "We didn't steal anything. The sellers on our platform told us they had permission to use those photos, and we trusted them."

Temu is also pushing back hard on Shein's motives. They claim Shein isn't really concerned about copyright they're just trying to crush a competitor. Temu argues that Shein is weaponizing the legal system to slow Temu's growth and protect its market dominance.

Temu didn't just defend itself. It filed a counterclaim accusing Shein of anti-competitive behavior.

Temu says it suffered financial losses when Shein obtained a court order (called an injunction) forcing Temu to remove thousands of product listings. Temu argues this wasn't about protecting copyright it was about sabotaging a rival.

But that's not all. Temu also accuses Shein of engaging in unfair business practices by pressuring suppliers (the factories and manufacturers that produce the clothes) into signing exclusive agreements. These agreements allegedly prevent suppliers from working with Temu or other competitors.
If true, this could violate competition law the set of rules designed to prevent monopolies and ensure a level playing field in the market. Temu claims Shein is trying to lock up the supply chain and shut competitors out.
This part of the case won't be decided in the current trial. It's scheduled for a separate hearing in 2027. But it shows that this legal battle is about more than just photos,it's about power, control, and the future of fast fashion.

13/05/2026

Shein and Temu are making headlines for more than fashion trends, as their ongoing conflict reflects a bigger struggle in the online retail world where competition, originality, and power are all being tested.

To all the incredible mothers who hold families together with strength, patience, and unconditional love  Happy Mother’s...
09/05/2026

To all the incredible mothers who hold families together with strength, patience, and unconditional love Happy Mother’s Day. đŸŒ·

May you always be blessed with good health, peace of mind, and the support you truly deserve. Your role is priceless, your love is powerful, and your presence changes lives every single day.

From all of us at Kalpana & Partners, Happy Mother’s Day to the hearts of every family. 💐

If you’re also facing harassment from third-party loan sharks, there are ways to protect yourself. It’s important to sta...
07/05/2026

If you’re also facing harassment from third-party loan sharks, there are ways to protect yourself. It’s important to stay calm, avoid engaging with them directly, and seek proper guidance to handle the situation safely. With the right steps and support, you can take back control and protect yourself and your loved ones.

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10-03, Austin 18, Jalan Austin Perdana 3, Taman Mount Austin
Johor Bahru
81100

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