Infringement Ninja

Makers and small shops

Checking a listing before it goes live

A small print-on-demand shop was about to list an insulated tumbler. The draft title borrowed two well-known brand names as style descriptions, which is common on marketplaces and a frequent cause of takedowns.

High risk 84Etsy

Stanley style tumbler 40oz, Barbiecore pink, personalised name

stanley dupebarbiecorepersonalised tumblergift for her

Safer title

40oz insulated tumbler with handle and straw, hot pink, personalised name

The draft listing with the two borrowed brand names flagged, and the safer title and tags the check suggested.

The check

Title: Stanley style tumbler 40oz, Barbiecore pink, personalised name

Tags: stanley dupe, barbiecore, personalised tumbler, gift for her

Listing check
High risk84Etsy

Two registered trade marks are used to describe your product. Etsy removes listings like this when the owners report them, and repeat reports can put your shop at risk. The product itself looks fine; the wording is the problem.

What could get this listing removed

  • High risk“Stanley style / stanley dupe”Trade mark, likely owned by Pacific Market International (Stanley)

    Using a brand name with “style” or “dupe” to describe a similar product is still trade mark use, and drinkware brands actively report these listings.

  • Worth a look“Barbiecore”Trade mark, likely owned by Mattel

    Built on the BARBIE mark. Mattel enforces it across marketplaces, including for colour and style descriptions.

How to fix it

  1. Remove “Stanley style” from the title and the “stanley dupe” tag.
  2. Replace “Barbiecore” with a plain colour description such as “hot pink”.
  3. Describe what the product is: capacity, handle, straw, insulation.

Safer title

40oz insulated tumbler with handle and straw, hot pink, personalised name

Safer tags

  • 40oz tumbler
  • insulated cup
  • hot pink tumbler
  • personalised tumbler
  • gift for her

Marketplace note

Etsy's IP policy treats brand names used as descriptors (“style”, “inspired by”, “dupe”) the same as using the brand directly.

How it played out

The listing went live with the safer title and tags. One credit, about thirty seconds.

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More examples

The businesses, people, listings and applications in this example are fictional.