Founder
Selling on Temu can open doors to a wide market, but it also means dealing with unexpected challenges—like intellectual property infringement claims. If you’ve been accused of violating someone’s copyright, trademark, or patent, it’s easy to feel overwhelmed. But not every claim is valid, and you do have options. Whether the issue is a misunderstanding or an aggressive rights holder, how you respond can make a big difference. In this post, we’ll walk you through how to defend yourself and protect your business on Temu.
Understand the Nature of the IP Claim
The first step is understanding the type of IP rights that are being claimed. Intellectual property laws cover a range of protections, including:
- Copyrights (for original creative works like designs, photos, or written descriptions)
- Trademarks (for brand names, logos, and other identifiers)
- Patents (for inventions or product designs)
Each type of claim requires a different kind of response. If a rights holder accuses you of using their trademarked logo or selling a product that closely resembles a patented item, that’s very different from using a copyrighted product image. Read the claim carefully. It should specify what type of IP right is allegedly being violated and which product is involved. This will help you decide your next steps.
Gather and Document Evidence
Time matters when you’re trying to respond to a claim. Temu may remove your listing quickly, so it’s important to gather your records while you still can.
Start by saving everything related to the product in question:
- Screenshots of your product listing, including descriptions and images
- Purchase records from suppliers or manufacturers
- Emails or messages showing product development or sourcing
- Invoices or documentation that show where the product originated
Even if you think the claim is baseless, having a record of how and where you sourced the product can help build your defense. It also shows that you’re acting in good faith and not intentionally copying or infringing on someone else’s rights.
Responding to Temu and the Rights Holder
Once you’ve reviewed the claim and collected your documentation, you’ll want to respond through Temu’s internal process. This might involve submitting a counter-notice or explanation.
Be clear and respectful. If you believe the claim is wrong, say so—but avoid accusatory or emotional language. Stick to the facts and ask for clarification if the claim isn’t detailed enough. Sometimes rights holders issue broad or vague complaints, hoping to scare sellers into removing listings without question.
If you can show that the product is your own creation or that you had permission to sell it, include that information. The more specific you are, the more likely your response will carry weight.
Legal Defenses You May Have
You may have valid legal defenses even if your product looks similar to someone else’s or includes common elements. Common defenses include:
- Independent creation – You created the item or content on your own without copying.
- No substantial similarity – The accused product or image isn’t similar enough to be infringing.
- Fair use – In rare cases, limited use of copyrighted material may be allowed.
- Authorization – You had permission to use the copyrighted or trademarked content.
IP rights don’t give owners unlimited control over every similar product on the market. A well-supported defense, backed by documents and communication history, can help get your listing restored or prevent further action.
When to Get Legal Help
If the claim involves a high-value product, repeated takedowns, or a threat of legal action, it’s time to speak with an attorney. At The Keleher Appellate Law Group, LLC, we help clients evaluate the strength of the claim and determine the best course of action. Sometimes that means responding through Temu. Other times, it may involve contacting the rights holder directly or preparing a more formal legal response.
Don’t assume that a takedown means you’ve done something wrong. We can review the situation and guide you toward the best resolution—so you can get back to running your business with confidence.
Take Action to Safeguard Your Temu Store
You don’t have to handle IP infringement claims on Temu alone. With the right information and a well-planned response, you can push back against claims that aren’t valid or fair. Acting quickly, documenting everything, and knowing your rights all play a role in protecting your business.
If you’re unsure how to answer—or you’ve already received multiple notices—reach out to us. At The Keleher Appellate Law Group, LLC, we’ll help you respond effectively and protect your interests. Contact us today to schedule a consultation.