Brandy Melville vs. Shein: When Copying Photos Isn’t Trademark Infringement

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the court’s ruling, where Brandy Melville’s trademark claims fell short, and whether a different trademark argument could have changed the outcome. They cover: Why the court treated the copied photos as a copyright issue, not a trademark issue What Brandy Melville needed to show to support its trademark claims How brands should think about protecting product images, marketing content, and visual identity online Tune in for a clear look at where copyright protection ends and trademark law begins.