Band Twenty One Pilots Sues E-Commerce Giant Temu Over Counterfeit Products

On September 9th, 2025, Rolling Stone reported that the Twenty One Pilots filed a lawsuit against Temu related to counterfeit products being sold on its platform. The rock band alleges that Temu is well aware of the problem, yet consistently fails to take any corrective action. Here, our Florida counterfeit products attorney provides a more comprehensive overview of the allegations and explains why you need to know about the law on counterfeits.

Allegations: E-Commerce Company is Allowing Mass Counterfeiting

Twenty One Pilots has filed a lawsuit against e-commerce giant Temu in the United States District Court for the Northern District of California. The band alleges that Temu allowed counterfeit merchandise to be sold using its name, logos, and designs. Along with other things, the complaint highlights items such as T-shirts, mugs, socks, and posters that closely copied official merchandise.

The band’s legal counsel argues that these knockoff products both mislead fans and dilute the band’s brand. The lawsuit includes a number of different brand protection claims, including trademark infringement, unfair competition, and false endorsement. The band also asserts that Temu ignored warnings and failed to remove infringing listings. Twenty One Pilots is seeking the payment of financial damages and injunctive relief in the form of the removal of counterfeits.

Know the Standard of Liability: Counterfeit Products

Direct Seller of Counterfeit Products

To hold Temu directly liable under federal law (15 U.S.C. § 1114 and 15 U.S.C. § 1125(a)), the plaintiff must prove unauthorized use in commerce of the marks in connection with sales/ads that is likely to cause confusion. If the court finds Temu itself is the “seller,” only then does direct liability attach. To be clear, that is exactly what the band is arguing in its complaint. It contends that Temu exerts control over listings, pricing, and manufacturing of the counterfeit products.

Not Seller of Counterfeit Products (Contributory Infringement)

If the court does not find that Temu is the direct seller of the counterfeit products, the company may still bear liability on the grounds of contributory trademark infringement. If third-party sellers listed the goods, Temu can still be liable under federal law. The standard holds that a party is liable if it intentionally induces infringement or continues to supply services to one it knows or has reason to know is infringing. To be clear, general knowledge is not enough. Plaintiffs generally need to provide specific knowledge of particular infringing listings plus failure to act is key.

Takeaway: The plaintiff must prove: (1) Temu is the seller using the marks in commerce with likely confusion; or (2) Temu had specific notice of infringing listings or sellers, failed to act, and materially contributed while having the ability to police its platform. 

Contact Our Florida Counterfeit Product Lawyers Today

At Perkins Law — Brand Protection, our Florida intellectual property lawyer takes on all types of counterfeit product cases. If you have any questions or concerns about your rights or your options, we can help. Contact us today for your completely confidential case review. With a legal office in Boca Raton, we handle counterfeit product cases throughout South Florida.

Source:

rollingstone.com/music/music-news/twenty-one-pilots-accuse-temu-fake-merch-lawsuit-1235424229/