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Case Study: Wee Wishes vs. TEMU – The Gift Card Industry Continues Fighting Design Theft

Wee Wishes, a Scottish brand known for its unique and humorous greeting cards inspired by Scottish culture, recently faced a devastating intellectual property (IP) infringement case. Laura, the founder of Wee Wishes, was alerted by a stockist who noticed one of her designs being sold on the e-commerce platform TEMU. This discovery led to an overwhelming and frustrating journey in the fight against design theft.

Discovery of Infringement

The initial tip-off from a stockist prompted an immediate investigation. What Laura found was deeply concerning—multiple sellers on TEMU  offering direct copies of Wee Wishes’ original designs, particularly those featuring Highland cows. The similarities were undeniable; these were not just imitations but exact replicas of her work.

Despite TEMU listing seller names and addresses, Laura could not identify any of them, leaving her unable to hold an individual party accountable. This anonymity only exacerbated the challenge of taking action against the infringement.

The Emotional and Business Impact

For a small business like Wee Wishes, the consequences of such copying extend far beyond lost sales. Laura relies on the quality and authenticity of her products to sustain her livelihood. The copied versions lacked the craftsmanship of Wee Wishes’ originals, which include special finishes like die-cut foiling and hand-finishing techniques. The fear that consumers might mistakenly associate the inferior products with her brand posed a severe threat to her business reputation.

The psychological toll was immense. Running a family business means every sale counts, and the risk of financial insecurity loomed large. The rise of influencers promoting cheap, mass-produced goods on  TEMU only added insult to injury, as many consumers remain unaware of the hidden cost to original designers.

The Struggle Against TEMU’s System

Quantifying the financial damage proved difficult. The TEMU listings boasted sales of these copied cards in the hundreds, potentially amounting to a significant loss in revenue. However, the more profound impact lay in the brand’s reputation. If customers unknowingly purchased a lower-quality counterfeit, they might assume that Wee Wishes’ products were of the same inferior quality, discouraging them from buying directly from the brand in the future.

The damage also extended to business relationships. UK stockists, who carefully curate unique, high-quality Scottish products, could perceive the presence of Wee Wishes’ designs on TEMU as a devaluation of their exclusivity. One stockist even reported that a customer had mentioned finding the cards on TEMU, highlighting how quickly such issues can spread.

Taking Action

To combat the infringement, Wee Wishes took several steps:

  • Reporting to TEMU: Hours were spent manually identifying and reporting listings using TEMU’s online forms, only for the designs to reappear under different sellers within weeks.
  • Legal Consultation: Seeking expert advice, Laura hoped to find a more effective solution. However, she was disappointed to learn that, beyond issuing cease-and-desist letters, little could be done to prevent future infringements.
  • Leveraging ACID Support: As a member of Anti Copying In Design (ACID), Wee Wishes received crucial guidance and support in navigating the IP landscape.
  • Strengthening IP Protection: Laura implemented additional measures, such as displaying the ACID logo on products and uploading designs to the ACID IP Databank, obtaining their PIPCU endorsed certificate which ACID members are reporting as successful in delisting TEMU copyright infringements.
  • Raising Awareness: While publicly addressing the issue could risk driving traffic to TEMU, Wee Wishes engaged with ACID and the Greeting Card Association (GCA) to highlight the broader issue of design theft.

Ongoing Challenges and Future Hopes

One of the most disheartening challenges remains the recurring nature of the infringement. Even after successful takedown requests, new listings emerge within weeks. TEMU’s lack of direct, meaningful support only compounds the frustration—there is no designated contact person to track ongoing cases or take proactive action against repeat offenders.

Looking ahead, Wee Wishes urges stronger legal enforcement. If platforms like TEMU were held accountable for IP breaches, requiring them to prevent repeat offenders from listing copied designs, it could create a safer environment for independent designers.

The design community plays a crucial role in amplifying these issues. By continuously raising awareness, there is hope that government action can be taken to protect small UK businesses from such exploitation.

Wee Wishes’ battle with TEMU is a stark reminder of the vulnerabilities faced by independent designers in the digital age. While the internet offers immense opportunities for exposure and sales, it also presents significant risks. Without stronger IP enforcement, small businesses will continue to bear the burden of protecting their work.

Laura remains determined to fight for her brand, but the question remains:

When will large e-commerce platforms take real responsibility for protecting original creativity?

Wee Wishes

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