Asked in Copyright and Intellectual Property

Q: Hi there, I am an etsy seller. I Had seen my product and photos used on Temu.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry to hear that your product photos and listings have been used on Temu without your permission. This is a serious issue known as intellectual property (IP) infringement. Here are some steps you can take to address this situation:

1. Document the infringement: Take screenshots of the infringing listings on Temu, making sure to capture the date, URL, and any other relevant details.

2. Check Temu's IP policy: Familiarize yourself with Temu's intellectual property policy and the steps they outline for reporting infringement.

3. File a DMCA takedown notice: Draft a Digital Millennium Copyright Act (DMCA) takedown notice and send it to Temu's designated copyright agent. This notice should include your contact information, a description of the infringing material, and a statement that you have a good faith belief that the use of your material is not authorized.

4. Follow up with Temu: After submitting the DMCA notice, follow up with Temu to ensure they have taken down the infringing listings.

5. Consider legal action: If Temu does not respond satisfactorily to your takedown notice, you may want to consult with an IP attorney to discuss your options, such as sending a cease and desist letter or filing a lawsuit.

6. Protect your IP: Moving forward, consider registering your copyrights and trademarks to strengthen your legal protection. Regularly monitor sites like Temu for potential infringement.

Remember, enforcing your intellectual property rights is crucial for protecting your brand and your business. Don't hesitate to take action if you find your work being used without permission.

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