Infringement Ninja

Makers and Etsy sellers

How to stop Etsy listings being removed for trade mark infringement

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The short answer

Most Etsy listings removed for trade mark infringement use another brand's name in the title or tags, often with words like 'style', 'dupe' or 'inspired by'. Those words don't make it allowed. Describe your product by what it is instead (material, size, colour, use), avoid characters and celebrities you don't have a licence for, and check each listing before you publish.

Why listings get removed

Rights owners search marketplaces for their names and report listings that use them. Etsy removes listings it accepts as infringing and tells the seller. Repeat reports can put your whole shop at risk, so one risky tag can cost more than the sale it was meant to win.

The words that cause problems

  • Brand names used as descriptors: 'X style', 'X dupe', 'inspired by X', 'X alternative'.
  • Brand names in tags to catch searches, even if they're not in the title.
  • Trade-marked terms that sound generic but aren't, including some colour and style trend names built on brands.
  • Characters, franchises, song lyrics and catchphrases without a licence.
  • Real people's names and likenesses.

What to write instead

Describe the product itself: what it's made of, its size and capacity, colour, finish, and who or what it's for. Shoppers search like that too. '40oz insulated tumbler with handle, hot pink' finds buyers without borrowing anyone's name.

If a listing has already been removed

  • Read Etsy's notice to see which right and which owner were cited.
  • Remove the term from that listing and from any similar listings in your shop.
  • If you believe the report was wrong, check Etsy's guidance on responding; for copyright reports there's a counter notice process.
  • Keep a note of what was reported so you avoid it in future listings.

A quick check before you publish

  • Read your title aloud: does it name any brand, character, film, band or person you don't own?
  • Scan your tags for the same, including misspellings people search for.
  • Look at your photos: logos, characters or copied artwork in the product or background?
  • Check trend words: some style names are built on brands.
  • Replace anything risky with what the product actually is, and keep a note of the change.

How Infringement Ninja helps

Infringement Ninja's listing check reads your title, tags, description and photo, or a link to the listing, and flags the words and images that could get it removed, who likely owns them, and a safer title and tags. It costs one credit, and new accounts get three to try it.

Common questions

Can I use 'dupe' or 'inspired by' with a brand name on Etsy?

It's risky. Using a brand's name to describe your product is still trade mark use, and rights owners regularly report these listings.

Can I sell fan art on Etsy?

Characters and franchises are usually protected by copyright and trade marks, so fan art is often removed when owners report it unless you have a licence.

Will one removed listing get my shop suspended?

Not usually on its own, but repeated valid reports can lead to suspension, so fix similar listings straight away.

Catch copies before your customers do

Infringement Ninja watches the UK trade mark journal, lookalike domains, the app stores and the web, marketplaces included, for your brand, and drafts the takedowns. Free for one brand.

Check a listing free

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This guide is general information, not legal advice.