Temu‘s once again being forced to face the music on intellectual property claims.
Twenty One Pilots filed a complaint Tuesday in California’s central district, alleging that Temu has infringed on its trademarks and engaged in unfair competition.
The complaint is a near-identical copy of a similar lawsuit filed by Gas Drawls, which represents the estate of late rapper MF Doom, last month. Twenty One Pilots’ attorneys are the same as those representing the MF Doom estate: Jeff Gluck, of Gluck Law Firm, and Scott Alan Burroughs, of Doniger Burroughs.
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In Twenty One Pilots’ complaint, the band alleges that Temu infringed on several of its trademarks, including the “TWENTY ONE PILOTS” mark, a “logo consisting of one straight line and one slanted with a connecting line between them” and another Twenty One Pilots logo.
Temu is a marketplace platform, which means the majority of the goods sold on Temu are hawked by third-party sellers. Still, Twenty One Pilots alleges, the company is responsible for the “veritable swamp of infringing and otherwise illegal products” on its site.
“Temu 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,” the attorneys contend.
The complaint shows a slew of products that Twenty One Pilots alleges are counterfeits bearing their trademarks. The 43-page complaint includes 20 pages of screenshots showing allegedly infringing products sold on Temu. The band’s attorneys said that consumers could be easily deceived by the products allegedly sold on the marketplace, which could, in turn, cause reputational damage for Twenty One Pilots and its legitimate products.
“Such products devalue TOP’s brand and status in the rock milieu and create a false association between the brand and Temu,” counsel for Twenty One Pilots wrote in the complaint.
Temu said it works to ensure intellectual property infringement doesn’t occur on its platform.
“Temu respects the intellectual property rights of others and takes all infringement claims seriously. While we uphold this commitment, we will vigorously defend ourselves against unfounded allegations,” a Temu spokesperson said via email.
The complaint also stirs up other legal issues Temu has faced, from scorned state attorneys general, to calls for investigations from members of Congress and more. On that basis, the band states that “Temu is widely understood to be one of the most unethical companies operating in today’s global marketplace. Its business practices are believed to pose great threats to individuals, marketplaces and the environment.”
Temu announced in late July that it had joined the International Trademark Association (INTA). A spokesperson said at the time that its membership will help it focus on “ensuring a trustworthy online shopping experience” and “advancing collective efforts in intellectual property protection.” Since Temu announced that, several intellectual property lawsuits against it have come to light, including one from fast-fashion brand Brandy Melville.
Federal records show the e-commerce platform has not yet responded to Twenty One Pilots’ complaint.
The band has requested that a judge ensure that all marketing materials associated with the allegedly infringing products be recalled and removed. It also said it should be “awarded punitive damages in an amount sufficient to deter Temu from their wrongful conduct.” Though it does not directly note how much that amount might be, it calls on a judge to award the band millions. Twenty One Pilots has also demanded a jury trial.
