The High Court has handed down judgment in Roadget Business PTE Ltd & Anor v Whaleco UK Ltd [2026] EWHC 2165 (Ch) – a copyright dispute between the SHEIN and Temu groups concerning photographs used in online product listings. The decision is a clear reminder that a claimant must prove both infringement and an enforceable chain of title to each work relied upon.
What was the dispute about?
SHEIN alleged that photographs from its product listings had appeared on Temu’s UK marketplace without permission. Proceedings originally concerned 2,559 listings, but by trial the claim had narrowed to five photographs: four employee works and one supplier work. SHEIN alleged infringement by reproduction, communication to the public and secondary infringement. Temu denied infringement and challenged SHEIN’s standing to enforce the copyright.
What did the Court decide?
Mrs Justice Bacon rejected the infringement claims. The relevant reproductions occurred on servers outside the UK, Temu had not authorised infringement merely by operating its marketplace, and the temporary copies made in users’ browsers fell within the statutory exception. The Court also found that Temu had not itself communicated the works to the public and could rely, on the evidence concerning the disputed content, on the hosting defence. SHEIN was held liable under the cross-undertaking given by it when interim injunctions were obtained.
What is the practical lesson?
The title issues are particularly important. One supplier image had been created by a freelance photographer and model without a written assignment. The evidence supported (at most initially) a non-exclusive licence to use the photograph, which did not itself confer a right to sue. Later assignments assisted in relation to certain works, but much of the original sample was abandoned before trial.
Businesses should therefore gather and retain evidence of copyright ownership from the outset. Records should identify the author and circumstances of creation, confirm employment status where relevant, and include written assignments from suppliers, agencies and freelancers together with evidence of any onward transfer. Without a clear chain of title, an infringement claim is exposed to immediate challenge, adverse costs and, where interim relief has been obtained, potentially damages under a cross-undertaking. The consequences of failing to prove title, can be significant.
If you require advice on the ownership, protection or enforcement of copyright works, please do not hesitate to contact our IP expert, Gabriella Shepherd on 0330 058 5222.
