IP Law Daily, COPYRIGHT NEWS—N.D. Cal.: Music industry takes aim at online fashion retailer Quince, (Apr 21, 2026)

By Matthew Hersh, J.D.

The multi-billion dollar upstart is accused of using copyrighted music in its social media advertising.

Dozens of recording artists ranging from Etta James to Justin Bieber have shown up in music videos posted without authorization to the social media accounts of a prominent online fashion retailer, a new federal complaint asserts. The lawsuit, which was filed in the District Court for the Northern District of California, also accuses the retailer of inducing its social media influencer partners to create infringing content of their own while advertising the company’s many different products (UMG Recordings, Inc. v. Last Brand, Inc., No. 3:26-cv-03244 (N.D. Cal. Apr. 16, 2026)).

The lawsuit was brought by the recording and music publishing sides of Universal Music Group as well as several subsidiary labels and independent label Concord Music Group. The music industry plaintiffs take aim at Quince, a start-up fashion company founded in 2018 that, in the words of the complaint, has “built notoriety and prominence primarily through its heavy advertising on social media platforms.” In addition to promoting their products through their own accounts, the complaint describes, Quince also engages in paid partnerships with popular social media influencers and creators—particularly those with significant social media followings. That promotional effort has paid off, the complaint notes, particularly as Quince—which now has expanded into home furnishings beyond its original fashion roots—was valued at an eye-popping $4.5 billion during a capital raise last summer.

But not all of Quince’s promotional efforts have been on the up-and-up, the music industry plaintiffs contend. Rather, the lawsuit asserts, Quince has “brazenly used Plaintiffs’ music without authorization in its advertising.” The complaint identifies, using screenshots, a number of examples in which Quince allegedly uploaded music videos containing UMG or Concord works to its social media platforms For example, the complaint alleges, Quince at one point promoted “professional-grade cookware” on its Instagram account with the Etta James classic “A Sunday Kind of Love” playing in the background. On another occasion, the complaint recites, Quince promoted a set of products described as the “dreamiest bedding bundle” featuring the Fleetwood Mac’s “Dreams.” In total, the complaint and its exhibit identify several dozen different sound records and musical compositions—among them, works by Justin Bieber, Billie Eilish, Chappell Roan, The Black Eyed Peas, Rihanna, No Doubt, Ella Fitzgerald, and many others—allegedly purloined by Quince.

In addition to these examples of direct copyright infringement, the lawsuit contends, Quince is also secondarily liable for the unauthorized use of copyrighted music by some of the roughly 300 independent influencers it works with each month. The complaint alleges that Quince engages in “overseeing” these influencers, providing them with advice and direction as to the content of promotional videos and actively reviewing their work. Moreover, the complaint alleges, Quince provides its social media influencers, creators, and partners with monetary compensation in the form of commissions, free products, or rebates. These and other interactions with outside social media users show, the complaint asserts, that Quince “maintains a high level of creative control and input on the specific aspects of the videos promoting its products created by collaborators and influencers.”

Finally, the complaint also alleges that Quince’s conduct was willful. Quince is “a sophisticated company,” the complaint asserts, that has “knowledge of intellectual property and licensing, including with respect to copyrights.” Moreover, the complaint alleges, the social media platforms on which Quince advertises—mainly TikTok and Instagram—have clear terms of use that require permission before using copyrighted content for promotional purposes. Finally, the complaint asserts, although the music industry plaintiffs first sent a demand letter to Quince in September 2024, Quince continues to engage in further copyright infringement—and has failed even to take down all of the videos identified in that letter.

The Case is No. 3:26-cv-03244.

Judge: Lin, R.

Attorneys: David A. Steinberg (Mitchell Silberberg & Knupp LLP) for UMG Recordings, Inc., Capitol Records, LLC and Universal Music Corp.

Companies: UMG Recordings, Inc.; Capitol Records, LLC; Universal Music Corp.; Last Brand, Inc. d/b/a Quince

News: Copyright NewYorkNews