Copyright or trademark infringement on Etsy means using someone else's character, logo, brand name, registered slogan, song lyrics or another seller's design on your product, in your listing title or in your tags without permission. When the rights owner sends Etsy a notice, the listing is removed; Etsy may terminate the selling privileges of sellers who receive repeated notices. The way to protect yourself is to create original designs, check the phrases you use in trademark databases and, when a notice arrives, immediately remove every listing with the same theme.
Note: This article is general information, not legal advice.
The difference between copyright and trademark
- Copyright: Protects original works: drawings, characters, photos, film/TV scenes, song lyrics. Redrawing a cartoon character in your own style can also count as infringement.
- Trademark: Protects commercial signs: brand names, logos and registered slogans/phrases. An ordinary-looking sentence may be registered in a particular product class (for example, clothing).
- Names and likenesses of famous people: The names, faces and signatures of well-known people are also protected; unauthorised commercial use is a reason for a notice.
High-risk designs
- Film, TV, anime and game characters and quotes
- Sports team, league and university names/logos
- Names, faces and signatures of famous people
- Brand logos and their "parody" versions
- Song lyrics and album covers
- Copies of other sellers' designs, or adaptations with small changes
"Others are selling it too" is no guarantee; rights owners often send bulk notices, and every shop listing the item at that moment is affected.
Titles and tags count as infringement too
Even if your design is completely original, a registered brand name appearing in your listing title, tags or description is enough for a notice. Stay away from these patterns in particular:
- Phrases that refer to a brand, such as "[Brand] style" or "[Brand] inspired"
- Using series, film or character names as tags
- Using a well-known product name in the sense of "similar to"
Instead, choose general words that describe the product itself: topic, style, colour, purpose and target buyer. For choosing the right keywords, see how to do Etsy SEO.
Checking whether a phrase is registered
- US — USPTO Trademark Search (tmsearch.uspto.gov): The USPTO retired the old TESS system on 30 November 2023 and replaced it with this tool. Search the phrase and look at records with "live" status. Check class 25 of the Nice Classification for clothing, class 21 for mugs and class 16 for posters and paper products.
- EU — EUIPO eSearch plus and TMview: eSearch plus shows European Union trade marks; TMview lets you search the records of participating national offices together with the EUIPO.
- Turkey — TÜRKPATENT: Use the trademark search service on turkpatent.gov.tr or the trademark query on e-Devlet.
- If the search returns a record, do not use that phrase in your design, title or tags. No result is not a guarantee either: phrases in the application stage and well-known brands can also cause problems.
Ways to create safe designs
- Your own ideas: Niche, original topics such as professions, hobbies, pets, family and city themes are both safe and less competitive. For ideas, see print on demand product ideas.
- Designing with AI: Do not ask AI to generate a well-known character or brand; ask for original composition and typography. See AI product design for Etsy and the Printmeet AI design tool.
- Fonts and images: Use sources with a commercial use licence and keep the licence terms.
- Your shop name counts too: Make sure your shop name does not contain a brand name: how to choose an Etsy shop name.
What to do if you receive an infringement notice
- Read the email carefully: Etsy removes the listing and notifies you by email. The email states which listing was removed and includes the contact details of the party who filed the report.
- Remove all listings with the same theme: Do not relist the removed content until the issue is resolved with the rights owner. Repeated reports can lead to the loss of account privileges.
- Counter notice if a copyright report is wrong: Etsy accepts counter notices only for US-based copyright (DMCA) reports. After the counter notice is processed, the removed content may be restored after 10 business days unless the rights owner goes to court. A counter notice is a statement with legal liability in case of false statements; do not send one unless you are sure the design is really yours.
- Direct contact if a trademark report is wrong: There is no counter notice process for trademark reports; your best option is to contact the party that filed the report directly. Etsy accepts withdrawals of a report only from the rights owner or their authorised representative; the rights owner must send the withdrawal email to legal@etsy.com.
- If your shop has been suspended: Follow the appeal steps in Etsy shop suspended: what to do?.
Consequences of repeated infringement
Etsy terminates, in appropriate circumstances and at its discretion, the selling privileges of members who receive repeated or multiple intellectual property notices. If it believes that a seller whose privileges were terminated is trying to open a new shop, it reserves the right to refuse all services to them; this also covers accounts it believes are associated with that person. That is why even a single notice should be taken seriously and the whole shop reviewed.
Pre-publishing checklist
- Does the design include a well-known character, logo or famous person?
- Is the slogan or phrase in the design registered in trademark databases?
- Does a brand, series or character name appear in the title, tags or description?
- Do the fonts and images you use have a commercial use licence?
- Does the design look too similar to another seller's product?
Frequently asked questions
Is it infringement if I draw the character myself?
Yes, it can be. The character itself is protected by copyright; the fact that you made the drawing does not change that.
Are "parody" designs allowed?
Parody is a narrow and uncertain legal exception; Etsy notices usually do not make this distinction. Do not consider it safe for commercial products.
Can I dispute a trademark infringement notice?
Etsy's counter notice process is only for US-based copyright reports. For trademark reports you need to contact the party that filed the report directly; only the rights owner can withdraw the report.
How many violations before a shop is closed?
Etsy does not publish an exact number; it states that it may terminate, at its discretion, the selling privileges of sellers who receive repeated or multiple notices.