One of the most common reasons Etsy shops get closed is intellectual property (IP) infringement. Most sellers don't do it on purpose: a popular TV show quote, a team logo, or a trademarked slogan that seems like "just a phrase" is enough. In this article we explain which designs are risky, how to check, and what to do when you receive a notice.
Note: This article is general information, not legal advice.
The difference between copyright and trademark
- Copyright: Protects original works: drawings, characters, photos, movie/TV scenes, song lyrics. Even redrawing a cartoon character in your own style can count as infringement.
- Trademark: Protects commercial marks: brand names, logos, and trademarked slogans/phrases. An ordinary-looking sentence may be registered in a specific product class (for example, clothing).
High-risk designs
- Movie, TV, anime, and video game characters and quotes
- Sports team, league, and university names/logos
- Celebrities' names, faces, and signatures
- Brand logos and "parody" versions of them
- Song lyrics and album covers
- Copies of other sellers' designs, or adaptations with minor changes
"Others are selling it too" is no guarantee; rights holders often send bulk notices, and every shop on the list at that moment is affected.
Checking whether a phrase is trademarked
- US: Search the phrase in the USPTO's trademark search tool; look especially for "live" registrations in the clothing class (Class 25).
- EU: Search via EUIPO / TMview.
- Turkey: TÜRKPATENT trademark search.
- If the search turns up a registration, don't use that phrase in your title, tags, or design.
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: Don't ask AI to generate well-known characters or brands; ask for original compositions and typography. See Etsy design with AI.
- Fonts and images: Use sources licensed for commercial use.
- Tags count too: Even if the design is clean, a trademarked brand name in the title or tags is enough to trigger an infringement notice.
What to do if you receive an infringement notice
- Etsy removes the listing in question and informs you by email. Don't panic; read the notice: which product, which rights holder.
- Remove all your other listings with the same theme yourself. Repeated infringements are the road to shop closure.
- If the notice is mistaken (the design really is yours), you can use Etsy's counter notice process.
- If your shop has been suspended, follow the appeal steps in our article My Etsy shop was suspended: what to do?
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 doesn't change that.
Are "parody" designs allowed?
Parody is a narrow and uncertain legal exception; Etsy notices usually don't make that distinction. Don't consider it safe for commercial products.
How many infringements does it take for a shop to be closed?
Etsy doesn't disclose a specific number; repeated infringements and multiple notices in a short period significantly increase the risk.