The High Court of Justice in London has dismissed copyright infringement claims brought by online fashion retailer SHEIN against rival e-commerce platform TEMU over the alleged unauthorised use of SHEIN product photographs.
The decision was issued on August 13, 2026, in Roadget Business PTE. Ltd v WhaleCo UK Limited [2026] EWHC 2165 (Ch).
The case was brought by Roadget Business Pte. Ltd. and Shein Distribution UK Ltd against WhaleCo UK Limited, the UK entity associated with TEMU.
SHEIN accused TEMU of copyright infringement involving photographs used in product listings on TEMU’s online marketplace. SHEIN alleged that thousands of its photographs had appeared on TEMU in listings advertising identical or similar clothing products.
The dispute raised important questions about the liability of online marketplaces for copyrighted material uploaded by third-party sellers and the circumstances in which a platform may be responsible for infringing content appearing on its service.
Mrs Justice Bacon rejected SHEIN’s copyright infringement claims against TEMU.
The court considered, among other issues, whether TEMU was responsible for acts carried out by sellers using its platform, whether TEMU had sufficient knowledge of specific infringements, and the application of protections available to online intermediaries.
The case also raised questions concerning the territorial scope of UK copyright law, including the significance of acts involving servers located outside the United Kingdom.
TEMU succeeded on a counterclaim relating to certain copyright complaints made by SHEIN against product listings on TEMU. The amount of any damages resulting from the counterclaim is to be determined separately.
The decision is significant for online marketplaces and copyright owners because it considers when an e-commerce platform may be held liable for copyright infringement arising from material appearing in third-party product listings.
The case is Roadget Business PTE. Ltd v WhaleCo UK Limited [2026] EWHC 2165 (Ch), Claim No. IL-2023-000132, High Court of Justice, Business and Property Courts of England and Wales, Intellectual Property List (ChD).
![Roadget Business PTE. Ltd v WhaleCo UK Limited [2026] EWHC 2165 (Ch), Claim No. IL-2023-000132](https://i0.wp.com/nooktoria.com/wp-content/uploads/2026/08/Roadget-Business-PTE.-Ltd-v-WhaleCo-UK-Limited-2026-EWHC-2165-Ch-Claim-No.-IL-2023-000132.jpg?resize=678%2C979&ssl=1)


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