19/12/2024
Temu is an online marketplace operated by the giant Chinese e-commerce company PDD holdings. Its business model allows vendors (mainly based in China) to sell and ship directly to customers without having to rely on distributors in the customer’s own country, making products more affordable. The Temu platform first went live in the USA in 2022 and launched in the UK in 2023 – it is now available in nearly 80 countries. For the full year ending 31 December 2023, Temu’s total revenues reportedly reached £27 billion.
Anwen Roberts, who owns a small design company Draenog (Welsh for “hedgehog”), was horrified to find identical and very similar versions of her own card designs being sold on Temu’s website.
Originally published on BBC, The Nadolig Llawen (Merry Christmas) card on Temu’s website (left) and the Draenog’s version (right)
Ms Roberts designs distinctive Welsh language cards and gifts. She was shocked to find versions of her products on Temu’s site, after they had been copied without her permission.
Among the copied products was a Christmas card showing two bobble-hat wearing hedgehogs in falling snow. The colouring and design of the card were the same as Ms Roberts’ own card. The card on Temu’s site featured the wording “nadolig llawen mam a dad” (“Merry Christmas Mum and Dad”), a rearrangement of the words “mam a dad nadolig llawen” as they appeared on the original card.
Temu said that it investigated this case as soon as it was brough to its attention and “removed the infringing products that were found”.
In a statement, Temu commented that it had invested heavily in the protection of intellectual property and had introduced an IP portal and brand protection centre to increase its efficiency in handling claims of IP infringement. As a result, Temu claimed: “we resolve over 99% of takedown requests within just a few days, which is faster than the industry average.”
Although in her case the products were taken down by Temu, Ms Roberts was left angry about how easily major businesses can copy the ideas and products of small businesses. The difficulty of enforcing IP protection on e-commerce platforms adds to the many challenges faced by independent designers and entrepreneurs.
Nevertheless, as this case shows, it is important for IP right owners to monitor such platforms as much as they can. If you believe that your IP rights are being infringed on e-commerce platforms or social media marketplaces, you should immediately report this and make use of the take-down tools provided on these sites. If this does not resolve the issue, you may want to seek professional advice.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
