The estate of MF Doom has failed in its first attempt to hold Temu liable for selling counterfeit versions of the late hip-hop legend’s merchandise.
A Tuesday (Dec. 9) ruling out of California federal court grants the e-commerce giant’s motion to dismiss trademark infringement claims brought by MF Doom’s heirs earlier this year. The estate of the British-born rapper, who died in 2020, accused Temu of selling dozens of knock-off t-shirts, hats and posters bearing his name and signature mask.
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Judge Stanley Blumenfeld Jr. says the lawsuit is legally deficient because Temu is not the maker of this merch but rather a marketplace where independent Chinese merchants can sell their own low-priced goods to American customers.
“Plaintiff alleges no facts supporting an inference of joint ownership or control over the infringing products or suggesting that Temu’s role is anything other than a transactional intermediary and fulfiller,” wrote the judge.
It’s not the end of the road for MF Doom’s heirs, though. Judge Blumenfeld is allowing the estate to try again with an amended complaint as long as “it has a good-faith factual and legal basis to do so.” The reworked lawsuit is due by Dec. 19.
Reps for Temu and the MF Doom estate did not immediately return requests for comment on Tuesday.
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The music industry is increasingly using the legal system to crack down on counterfeiting as phony merch sales have skyrocketed in recent years. Artists like Harry Styles have brought lawsuits against online bootleggers, while the official merch partners for Benson Boone and Tate McRae went to court this summer to stop parking lot t-shirt sellers at the singers’ live shows.
In its August lawsuit, the MF Doom estate tried a new tack by going after a hosting platform, Temu, rather than individual sellers. A month later, the same lawyers brought a similar counterfeiting suit against Temu on behalf of Twenty One Pilots.
Tuesday’s ruling is a sign that artists could face a tough road ahead in holding hosting platforms like Temu liable for the counterfeiting activities of its independent users. There’s a high bar under trademark law to plead the theory known as vicarious or contributory infringement, and it remains to be seen whether the MF Doom estate and Twenty One Pilots will be able to clear that hurdle.
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