A federal judge has allowed the estate of the late rapper MF Doom to proceed with a revised lawsuit against online retailer Temu, accusing it of selling counterfeit merchandise featuring the artist's trademarks. The ruling comes after an earlier version of the suit was dismissed. This case highlights growing efforts in the music industry to combat fake goods on e-commerce platforms.
The estate of MF Doom, whose real name was Daniel Dumile, filed the initial lawsuit against Temu last summer. The complaint alleged that the Chinese budget retailer, known for its 'Team Up, Price Down' motto, was flooding the market with knock-off items such as t-shirts, hats, and posters bearing MF Doom's iconic mask and other trademarks. Dumile passed away in 2020, and his family now oversees his catalog and intellectual property.
In December, U.S. District Judge Stanley Blumenfeld Jr. dismissed the original filing, ruling that it depicted Temu merely as a pass-through marketplace for independent sellers in China. The estate then amended the complaint to claim that Temu plays an active role in curating, advertising, pricing, logistics, and importing the infringing products. It further alleges that Temu holds itself out as the seller and identifies items as 'procured by Temu.'
On February 10, Judge Blumenfeld approved the revised claims, stating, “As amended, the complaint plausibly alleges that Temu takes title to goods or otherwise exercises sufficient control over the allegedly infringing products to be liable for their sale.” The judge emphasized that Temu receives manufacturer pitches and jointly controls aspects of the sales process. However, he has not issued any factual determinations, and the case will now enter the discovery phase for evidence gathering.
Temu insists it functions only as an intermediary and denies liability for vendors' actions. Jeff Gluck, a lawyer for the estate, described the ruling as an “important and significant victory” in a statement to Billboard on February 12.
This lawsuit mirrors a similar action filed last year by the same legal team on behalf of Twenty One Pilots against Temu for 'blatant copies' of their merchandise. It reflects a broader trend in the music industry targeting platforms rather than individual counterfeiters, amid rising phony merch sales. For instance, Harry Styles pursued litigation against online bootleggers in 2023, while official merch partners for Benson Boone and Tate McRae recently sued parking lot sellers at live shows. Related articles mention issues affecting artists from Taylor Swift to KISS, and a separate suit involving Ye over a sample in 'Vultures 2.'
