Brandy Melville Escalates IP Battle to Target Temu’s "Ultra Fast Fashion" Model

Bastiat USA, the U.S. arm of Brandy Melville, and its Swiss parent Y.Y.G.M. SA have sued Temu in the U.S. District Court for New Jersey, accusing the Chinese-owned e-commerce giant of systematically selling counterfeit Brandy Melville goods and, in some cases, using the brand’s own product photographs in what the complaint calls a "bait-and-switch" scheme. The filing alleges Temu exerts tight control over its so-called independent sellers—dictating pricing, product listings, and even preventing takedowns of infringing items—thereby operating less as a neutral marketplace and more as a direct retailer. Brandy Melville claims the platform steers searches for its trademarks, such as 'CHILL SINCE', to knockoff listings, damages its goodwill, and profits from deliberate consumer confusion. The suit mirrors a pending case Brandy Melville brought against Shein but uniquely challenges Temu’s claim of being a passive marketplace. Plaintiffs seek a jury trial, over $1 million in damages, statutory penalties, destruction of infringing goods, and a permanent injunction to halt sales of products bearing their copyrighted designs and registered marks. The following visualization provides detailed information on the registered U.S. trademark 'CHILL SINCE', filed on June 30, 2020, under Class 25. The registration covers an array of apparel, including tee-shirts, sashes for wear, pullovers, sports jerseys, hosiery, skirts, jackets, shirts, stockings, dresses, gymnastics clothing (such as underclothing, socks, pants, shirts, hats), general clothing (underclothing, socks, pants, shirts, hats), teddies as undergarments, socks, tights, sweatshirts, boxer shorts, pajamas, and underwear.