What is really frustrating is that I can't even get an MBA account. Rejected 3 times and people like this are there selling this stuff on their marketplace is direct violation of their terms. They may or may not get banned.
Definitely do not play around. I got terminated for making a shirt with a picture of a dragon in a sunset silhouette and it said "Do Not Tickle the Dragon's Balls" above and then below "that's a good way to get burned." I'm fairly certain it got flagged for DragonBallz even though it had ZERO to do with that and DBZ was the furthest thing from my mind when I created the shirt. Rather ironic when you think about it. 😆 / 😭 It's doubly infuriating when you see things like what Ryan pointed out that are CLEAR and BLATANT infringement.
@@briangoldberg6501 How do you know? You don't work for Amazon. And considering they never told me why, I can only assume. So if I don't know, you definitely don't know. But sure, pretend that you do.
My rule is simple: If I have doubts and feel I could not sleep at night, I do not upload a design. Of course I make a trademark check first. Just don’t gamble to make quick sales…
Yeah I actually had a crypto shirt or hat listed to Etsy started getting hits had issues the very next day. They can get you crazy fast some probably wait until you get sales so they can sue you.
It would be really helpful if you could explain further WHY shirts like this are infringing. For example the Queen Bee one. It doesn’t even necessarily have to mean Beyoncé so how is that considered infringement?
This just popped up on my feed, anyways interesting how people use stuff that aint theirs, instead of creating something unique that might or might not trend, but if they don't try they will never know.
Infringement is a federal violation with penalties ranging from 4 yrs in jail and $US200.000. Far more serious than a heart attack on a safari with no Helicopter available.
Is the title and brand name as vulnerable to copyright/trademark checks as the design? I want to optimize my SEO by stuffing my listings more but I am worried I might step on a landmine if I don't keep them short and safe. Any advice please?
No idea what I did to get banned, because they won’t tell me. Unless it was because I used some graphics I purchased to create the designs. Some simple dog and cat silhouettes placed over retro sunsets, using my own non-infringing phrases. Had my own fluid art piece, too. Same thing happened over on Etsy a couple years ago. I was all excited to open my store, took time to make a few space themed printable wall art quotes that I made up and made sure weren’t trademarked, and got banned the second I clicked to publish the first one. Etsy wouldn’t talk to me no matter how many times I emailed them. That time I cried for days. This time I’m just like whatever. I can’t ever win and I guess I’m quite used to it by now, though I’m desperate for a win to get out of this financial mess. Also got banned from Google Ads for trying affiliate marketing, though I read the rules thoroughly, like I always do.
Do you know if you’re allowed to use Bigfoot image on your t-shirt when the word Bigfoot and Sasquatch are trademarked? Also I have to add, I can’t even explain how much respect I have for you for seeing the sound of freedom and not seeing the barbie
@RyanHoguePassiveIncome if the is a trademark for the word bigfoot does it mean that I can't use the word on the shirt but image is fine ???? And if I can't use the word on the shirt but is it save to have it in the title?
@@RyanHoguePassiveIncome no , not on my behave :) , just about amazon merch. Trying to understand trademarks to avoid any rejections. So do you think the bigfoot word in the title is save or not? You are listing so many designs every day, how many rejection do you have and how often if I may ask?
@@ts3015 Nuanced answer, I would HIGHLY recommend watching my "is this niche safe" video which goes through the process of validating keywords: ruclips.net/video/Ese5W5NmLL8/видео.html
Maybe things have changed since I last looked into trade mark/copyright laws, but as far as I've always understood it, things like the "Doin Donuts" design has clear and obvious enough differences from the official logo, that it would not be in violation... Am I wrong about this?
Experience and having gone through US Patent & Trademark registration is when you really know what is out there. Everyone has heard about Microsoft's operating system software. Windows which is a Trademark. A small software company in San Diego had a product called Lindows. Microsoft's lawyers threatened them with lawsuit unless they remove the name Lindows which they allege can confuse the public.
So many of these products pass the trademark and even the copyright test and would likely win in court. But I see your point.. it's ultimately Amazon decision to ban you and nobody elses. Not even the rights holder's. Something like the text-based design "it's about to get messi" looks like one of these examples. Even the trademark MESSI is dead. Curious how you see this listing as high-risk? (assuming MESSI doesnt get registered again). Was this design originally produced by an official vendor?
the shirt you mention of try that i a small town was the reasone why my account got suspended but let's see the beutiful side that it's a redbubble account not MBA
Is it safe to make a design for "i like....and maybe 3 people" i have searched it well for trademarks and copyrights but it's ok, the problem is that (crazy dogs tshirt) have some designs in that niche, so i don't if it considered a copyright for crazy dogs or what? my design is unique and not a copy
I used chatgpt to apply a few months ago and got approved like 2 weeks later. I even screen recorded the whole process just in case I wanted to do a tutorial. Now Ryan has me scared to even upload any designs lol!!!
You are still at risk if you are using copyrighted designs or slogans. DMCA is the government agency that enforces violations. If you are using someone's creation and they find it on your website, they will complain to DMCA who authorizes a TAKE DOWN. They might even shut down your very own website.
As far as I know, yes, I think that's how it works. In the case of Amazon Merch, they still reserve the right to ban people for using quotes, phrases, etc. like that though, so I always play it extra safe.
I had a disccussion with someone the other day who is selling stuff based on trademarked properties. Her justification was "I've been selling this stuff for years and no one has ever complained." I think with the exponential integration of AI at these corporations, there's going to be a lot more capability to enforce trademarks than ever before. We've already seen lots of false positives on Etsy as the AI continues to learn and refine. So even if someone has been "safe" for years, advances in AI technology will make it much faster for things to be taken down. And especially with Amazon where for every banned seller there's more than one who wants to get in, it absolutely isn't worth it. Great video as always!
Thanks for watching & great points. some platforms just seem so lazy about it (since they directly benefit from all sales) for instance Etsy claimed to have spent $50M last year to fight infringement yet nothing has changed as far as I can tell.
Drives me sooooo crazy that people have Merch accounts and then just waste them by listing copyrighted merch...and here I am, still can't get approved!
Great video! I am always doing trademark searches before putting anything up but, say for the last one with the bee, how would we know that was a violation? I am out of touch with pop culture. I use tess and google things but do you have any other tips for making sure we're all clear, or do you already have a video on it? Thanks for the fantastic content!
There's a few people selling "Queen Bee" shirts which are definitely marketed to Beyonce fans. I am not sure if Amazon Merch will ever pick up on it but if they do, it's a bad infringement in my opinion. I'd be way too scared to do it
@@RyanHoguePassiveIncome please check this link:- en.wikipedia.org/wiki/Queen_bee if Eminem is the king of the rap he cannot own or make a copyright for the word king or the crown for example!!!
@@RyanHoguePassiveIncome I mean the phrase "Queen Bee" has been a part of popular vernacular wellll before Beyonce came around. Heck, thats the queen of the hive in nature, the queen bee. This one seems incredibly hard to enforce.
please check this link:- en.wikipedia.org/wiki/Queen_bee if Eminem is the king of the rap he cannot own or make a copyright for the word king or the crown for example!!!
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I think the safest approach is to avoid selling Tshirts with any words or phrases that appear in the Collins, Webster, and Urban Dictionaries. 😢🤣
we need this videos like everyday. please more of this videos
Thanks for the advice, I'll make sure to follow it.
Ty for watching! 👍
I don't understand how they got to sell anyway, they Reject my designs constantly for very stupid reasons.... to the point that I'm getting annoying!
Great wisdom 💯🎉
Thanks!
Do you think “Boo, you ghost!” With a photo of royalty free ghosts would be okay? It’s a play on Boo, You Wh*re” from the movie Mean Girls is okay??
Nope.
What is really frustrating is that I can't even get an MBA account. Rejected 3 times and people like this are there selling this stuff on their marketplace is direct violation of their terms. They may or may not get banned.
Definitely do not play around. I got terminated for making a shirt with a picture of a dragon in a sunset silhouette and it said "Do Not Tickle the Dragon's Balls" above and then below "that's a good way to get burned." I'm fairly certain it got flagged for DragonBallz even though it had ZERO to do with that and DBZ was the furthest thing from my mind when I created the shirt. Rather ironic when you think about it. 😆 / 😭 It's doubly infuriating when you see things like what Ryan pointed out that are CLEAR and BLATANT infringement.
U DID MORE THAN LIST ONE COPYRIGHTED SHIRT.
@@briangoldberg6501 How do you know? You don't work for Amazon. And considering they never told me why, I can only assume. So if I don't know, you definitely don't know. But sure, pretend that you do.
@@arkikali5632 I see the real reason U got Banned. Y too stupid.. Really Wanna Bet ya #LIFE on I NEVER have worked for AMZN? Too #stupid
My rule is simple: If I have doubts and feel I could not sleep at night, I do not upload a design. Of course I make a trademark check first. Just don’t gamble to make quick sales…
I wonder how many of these get reported by someone watching this video...
Its good to see the types of designs to avoid.
As always great content Ryan! ❤
There are companies with crawlers to find infringed merchandise. I think they get a few chances but not many...
Yeah I actually had a crypto shirt or hat listed to Etsy started getting hits had issues the very next day. They can get you crazy fast some probably wait until you get sales so they can sue you.
It would be really helpful if you could explain further WHY shirts like this are infringing. For example the Queen Bee one. It doesn’t even necessarily have to mean Beyoncé so how is that considered infringement?
because queen bee is copyrighted
This just popped up on my feed, anyways interesting how people use stuff that aint theirs, instead of creating something unique that might or might not trend, but if they don't try they will never know.
I never thought trademark/copyright is so serious.
You cannot even refference someone or some brand, otherwise you might be in trouble. It is scary!
Infringement is a federal violation with penalties ranging from 4 yrs in jail and $US200.000. Far more serious than a heart attack on a safari with no Helicopter available.
Is the title and brand name as vulnerable to copyright/trademark checks as the design? I want to optimize my SEO by stuffing my listings more but I am worried I might step on a landmine if I don't keep them short and safe. Any advice please?
Very entertaining & great advice!
I know this is 9 months ago, but isn’t AMOD preventing IP vios from being published in the first place?
There is a saying in German, I don't know if there is something similar in English. "Thou shalt not stink with other people's farts".
No idea what I did to get banned, because they won’t tell me. Unless it was because I used some graphics I purchased to create the designs. Some simple dog and cat silhouettes placed over retro sunsets, using my own non-infringing phrases. Had my own fluid art piece, too. Same thing happened over on Etsy a couple years ago. I was all excited to open my store, took time to make a few space themed printable wall art quotes that I made up and made sure weren’t trademarked, and got banned the second I clicked to publish the first one. Etsy wouldn’t talk to me no matter how many times I emailed them. That time I cried for days. This time I’m just like whatever. I can’t ever win and I guess I’m quite used to it by now, though I’m desperate for a win to get out of this financial mess. Also got banned from Google Ads for trying affiliate marketing, though I read the rules thoroughly, like I always do.
are you an artist? or was your major Graphic Design in college?
Do you know if you’re allowed to use Bigfoot image on your t-shirt when the word Bigfoot and Sasquatch are trademarked?
Also I have to add, I can’t even explain how much respect I have for you for seeing the sound of freedom and not seeing the barbie
If there's a trademark on the image, you can't use it. But a word mark might be OK (they make the distinction on all trademarks)
@RyanHoguePassiveIncome if the is a trademark for the word bigfoot does it mean that I can't use the word on the shirt but image is fine ???? And if I can't use the word on the shirt but is it save to have it in the title?
@@ts3015 Are you asking what the Merch algorithm will allow? or asking me to enterpret US trademark law on your behalf? they are separate things 😅😅
@@RyanHoguePassiveIncome no , not on my behave :) , just about amazon merch. Trying to understand trademarks to avoid any rejections. So do you think the bigfoot word in the title is save or not? You are listing so many designs every day, how many rejection do you have and how often if I may ask?
@@ts3015 Nuanced answer, I would HIGHLY recommend watching my "is this niche safe" video which goes through the process of validating keywords: ruclips.net/video/Ese5W5NmLL8/видео.html
Do one for Etsy and about Tumbler Wraps for games, I will probably be on the list. This copyright stuff feels limiting 😢.
Etsy is basically the wild west. I can't believe they claimed to have spent $50M to fight it in 2022 😅
I knew that was number one! hahahhh
Psychic! 😅
Maybe things have changed since I last looked into trade mark/copyright laws, but as far as I've always understood it, things like the "Doin Donuts" design has clear and obvious enough differences from the official logo, that it would not be in violation... Am I wrong about this?
If it went to court, a judge may side with you, but Amazon Merch reserves the right to remove your stuff & ban you regardless, so I wouldn't risk it
Experience and having gone through US Patent & Trademark registration is when you really know what is out there. Everyone has heard about Microsoft's operating system software. Windows which is a Trademark. A small software company in San Diego had a product called Lindows. Microsoft's lawyers threatened them with lawsuit unless they remove the name Lindows which they allege can confuse the public.
So many of these products pass the trademark and even the copyright test and would likely win in court. But I see your point.. it's ultimately Amazon decision to ban you and nobody elses. Not even the rights holder's. Something like the text-based design "it's about to get messi" looks like one of these examples. Even the trademark MESSI is dead. Curious how you see this listing as high-risk? (assuming MESSI doesnt get registered again). Was this design originally produced by an official vendor?
the shirt you mention of try that i a small town was the reasone why my account got suspended but let's see the beutiful side that it's a redbubble account not MBA
sorry to hear that
Is it safe to make a design for "i like....and maybe 3 people" i have searched it well for trademarks and copyrights but it's ok, the problem is that (crazy dogs tshirt) have some designs in that niche, so i don't if it considered a copyright for crazy dogs or what? my design is unique and not a copy
Thanks for this video, I recently got suspended on Etsy for infringing so I want to be able to do it right with Amazon
m not a fan of the new zoom feature u used while editing this video
I've notice the copy cats are pushing there stuff on TikTok, like really bad.
I just applied for Amazon merch last week but they didn’t approve me. I’m in Canada. Is there anything I can do?
You can reapply from a new Amazon account, good luck 👍
I used chatgpt to apply a few months ago and got approved like 2 weeks later. I even screen recorded the whole process just in case I wanted to do a tutorial. Now Ryan has me scared to even upload any designs lol!!!
I got approved first shot but lowest Tier 10 and havent been able to sell anything yet .
I'm finished with these dumb platforms working on creating my own e-commerce website and selling from there instead
Respect. If you can convince Google to rank you high in search, you'll be rich 🙂
@@RyanHoguePassiveIncome I'm gonna go with a social media ads strategy instead, places like Twitter are dirt cheap currently
You are still at risk if you are using copyrighted designs or slogans. DMCA is the government agency that enforces violations. If you are using someone's creation and they find it on your website, they will complain to DMCA who authorizes a TAKE DOWN. They might even shut down your very own website.
Can I use a proxy so that my acc appears in the usa? I'm from Morocco
what wrong with lyrics? are they copyrighted too? so i cant have " its the final countdown"?
Who ever composed the song owns the Copyright.
Might be a good time to apply for Merch again 5th time lucky might be spaces
🤞🤞🤞
Good luck 🤞
Do it!
@@RyanHoguePassiveIncome will be looking for a mentor when I finally get in 👍👍
I wonder how much of this is the mass appeal fallacy. There's so damn many of them, they think it must be okay. Like speeders on the interstate.
If there is a common phrase that is often associated with a famous person but they didn't trademark it, then they have no legal recourse, right?
As far as I know, yes, I think that's how it works. In the case of Amazon Merch, they still reserve the right to ban people for using quotes, phrases, etc. like that though, so I always play it extra safe.
@@RyanHoguePassiveIncome ok, thanks for the response
I had a disccussion with someone the other day who is selling stuff based on trademarked properties. Her justification was "I've been selling this stuff for years and no one has ever complained." I think with the exponential integration of AI at these corporations, there's going to be a lot more capability to enforce trademarks than ever before. We've already seen lots of false positives on Etsy as the AI continues to learn and refine. So even if someone has been "safe" for years, advances in AI technology will make it much faster for things to be taken down. And especially with Amazon where for every banned seller there's more than one who wants to get in, it absolutely isn't worth it. Great video as always!
Thanks for watching & great points. some platforms just seem so lazy about it (since they directly benefit from all sales) for instance Etsy claimed to have spent $50M last year to fight infringement yet nothing has changed as far as I can tell.
I got a skull reject saw about it after read about it being bad in Germany, what about Trump Merch eh that's bad as well my bad.
Drives me sooooo crazy that people have Merch accounts and then just waste them by listing copyrighted merch...and here I am, still can't get approved!
Sorry to hear that.. good luck... I know they are still letting people in, but it seems like just random chance
Back to school 🎒 ABCD is copyrighted?
US PTO sees it as confusion to the public.
Great video! I am always doing trademark searches before putting anything up but, say for the last one with the bee, how would we know that was a violation? I am out of touch with pop culture. I use tess and google things but do you have any other tips for making sure we're all clear, or do you already have a video on it? Thanks for the fantastic content!
There's a few people selling "Queen Bee" shirts which are definitely marketed to Beyonce fans. I am not sure if Amazon Merch will ever pick up on it but if they do, it's a bad infringement in my opinion. I'd be way too scared to do it
@@RyanHoguePassiveIncome please check this link:- en.wikipedia.org/wiki/Queen_bee
if Eminem is the king of the rap he cannot own or make a copyright for the word king or the crown for example!!!
@@RyanHoguePassiveIncome I mean the phrase "Queen Bee" has been a part of popular vernacular wellll before Beyonce came around. Heck, thats the queen of the hive in nature, the queen bee. This one seems incredibly hard to enforce.
Love from India🇮🇳
🙌
Don't have to worry about this. Never could get accepted. Just failing hard at Etsy.
Sorry to hear that. Etsy pretends to care about infringement 😅 but they hardly ever do anything to fight it...
@@RyanHoguePassiveIncome maybe not, but I've had them come after me for items I did have the rights to sell.
Is american flag banned?
LMAO No people aren't!
First 😍
🏆
great video ! whats the name of your tik tok account that you used to get into the program ?
please check this link:- en.wikipedia.org/wiki/Queen_bee
if Eminem is the king of the rap he cannot own or make a copyright for the word king or the crown for example!!!
Merch could definitely still take it down, that's all I was really saying