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Intellectual propertyLast reviewed

Etsy Trademark Policy: What Sellers Need to Know

In plain language

Etsy's Intellectual Property Policy does not allow listings that use someone else's trademark without permission. That covers titles, descriptions, tags and images. Listings reported by a rights owner are usually removed, and repeated reports can lead to suspension.

What is Etsy's trademark policy?

Etsy's Intellectual Property Policy asks every seller to respect other people's trademarks. A trademark is a word, phrase, symbol or design that tells buyers who makes a product. Using someone else's trademark to describe or sell your item without permission, even when your product is only "inspired by" the brand, puts the listing at risk of an infringement report and removal.

Trademark and copyright are different. Copyright protects creative works such as artwork, characters and text, and is usually enforced through DMCA notices. Trademark protects brand names and logos, and is enforced through trademark infringement reports. Etsy accepts both kinds of report through its intellectual property reporting process.

Who files reports?

Rights owners do: large companies such as Disney, Nike or Warner Bros., and also individual creators and small brands. Etsy reviews each report and removes listings that it finds infringing.

What can count as a violation?

You don't need to copy a logo to infringe. These are common examples:

  • "Disney-inspired" in a title or description
  • "Perfect for Harry Potter fans" in a tag or description
  • Character or brand names (Elsa, Mickey, SpongeBob) used as search keywords
  • Items showing licensed characters, sold without a licence
  • "LV-style" or "Gucci-inspired" products

What happens after a report

When Etsy acts on a report, it removes the listing and tells you which rights owner filed it. Etsy keeps track of infringement reports against a shop, and repeated reports can lead to the shop being suspended. If you believe a report is mistaken, Etsy explains how to respond, for example with a counter notice for copyright reports.

Defences that don't hold up

Disclaimers such as "not affiliated with Disney" don't make an infringing listing acceptable, and calling a commercial product "fan art" doesn't either. The reliable route is a licence from the rights owner, or an original design that doesn't rely on their brand.

Do

  • Create original designs inspired by a style or theme, not a specific brand
  • Use descriptive language: 'wizard-themed', 'space adventure style', 'retro cartoon style'
  • Get a commercial licence if you want to use licensed characters
  • Check the USPTO or your local trademark register before using a distinctive phrase
  • Describe your buyer without naming franchises: 'a great gift for science fiction fans'

Don't

  • Use brand names (Disney, Nike, Harry Potter, Star Wars) in titles, descriptions or tags
  • Use character names as search keywords
  • Rely on disclaimers like 'not affiliated with...' to make a listing acceptable
  • Call your product 'inspired by [Brand]', which still uses the trademark
  • Use logos, wordmarks or a brand's distinctive design without permission

Common mistakes

  • Thinking 'inspired by' wording creates a legal safe harbour
  • Tagging franchise names for search while leaving them out of the listing text
  • Assuming character first names (Elsa, Moana) are generic words
  • Selling fan art commercially without a licence from the rights owner

This is a summary, not legal advice. Etsy's official policy page is the authoritative source.

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