From Billboard · Rachel Scharf · · 50s
Shein dismisses Selena estate's trademark claims
Shein argues it isn't liable for knockoff Selena merch sold by third parties
In brief
Shein argues it isn't liable for knockoff Selena merch sold by third parties Online marketplaces aren't legally responsible for third-party products even when they host infringing items Originally reported by Billboard.
Shein files motion to dismiss
Shein claims a judge should dismiss Selena estate's trademark lawsuit over knockoff merch
“Shein says it removed all knockoff merch flagged by Q Productions”
Selena estate's claim
Suzette Quintanilla alleges Shein infringed her sister's trademarks by selling Selena-themed merchandise
“Q Productions claims Shein infringed her sister's trademarks and name image likeness rights”
Shein's defense
Shein says it only hosts third-party products and isn't liable for infringing items sold by independent merchants
“Shein's lawyers state direct liability cannot be imposed on online marketplaces for third-party content”
Legal precedent
Case law shows online marketplaces aren't legally responsible for third-party products even when they display infringing items
“Case law confirms direct liability cannot be imposed on an online marketplace for third-party content”
Similar cases
Temu faced similar trademark claims from Twenty One Pilots and MF Doom's estate but settled with MF Doom
“Temu settled with MF Doom's estate but is still pursuing claims against Twenty One Pilots”
The essence
Online marketplaces aren't legally responsible for third-party products even when they host infringing items
