How to Avoid Copyright and Trademark Issues in Print-on-Demand: Complete Legal Guide
Nothing ends a POD business faster than copyright or trademark infringement. One violation can result in account termination, legal action, and permanent bans from platforms. This comprehensive guide will help you understand intellectual property law and protect your business while creating designs for Amazon Merch, Redbubble, Etsy, and other POD platforms.
Disclaimer: This guide provides general information about intellectual property in the POD context. It is not legal advice. For specific legal questions, consult a qualified attorney.
Understanding the Difference: Copyright vs. Trademark
Copyright
What It Protects: Original creative works including artwork, photographs, text, music, and designs.
How It Works:
- Automatic protection upon creation
- No registration required (but registration provides benefits)
- Lasts 70+ years after creator's death
- Protects the expression of ideas, not ideas themselves
POD Examples:
- Someone else's artwork or illustrations
- Photographs you didn't take or license
- Song lyrics or quotes from books
- Specific design elements created by others
Trademark
What It Protects: Words, phrases, symbols, logos, and designs that identify and distinguish products/services.
How It Works:
- Must be registered or have "common law" use
- Must be actively used in commerce
- Protects brand identity
- Can last indefinitely if maintained
POD Examples:
- Brand names (Nike, Disney, Marvel)
- Slogans ("Just Do It")
- Sports team names and logos
- Character names (Mickey Mouse, Harry Potter)
Common POD Infringement Scenarios
Scenario 1: Using Fan Art
The Situation: You create an original drawing of a popular character.
The Problem: Even original artwork depicting copyrighted characters is infringement. Your artistic skill doesn't grant you rights to the character.
What Gets Rejected:
- Hand-drawn Disney characters
- Original artwork of Marvel superheroes
- Fan interpretations of anime characters
- "Inspired by" versions of protected characters
The Exception: Parody and commentary may qualify for fair use, but this is legally complex and risky for POD.
Scenario 2: Trademarked Phrases
The Situation: You use a catchy phrase on a shirt.
The Problem: Many common phrases are trademarked for apparel.
Examples of Trademarked Phrases (for clothing):
- "Hakuna Matata"
- "Let's Get Ready to Rumble"
- "That's Hot"
- "You're Fired"
- "Eat Sleep [Sport] Repeat" (various versions)
Your Action: ALWAYS search the USPTO database before using ANY phrase.
Scenario 3: Sports Teams and Events
The Situation: You create designs about popular sports.
The Problem: Nearly everything related to professional sports is protected.
What's Protected:
- Team names (Patriots, Lakers, Yankees)
- Team logos and colors (in combination)
- League names (NFL, NBA, MLB, NHL)
- Event names (Super Bowl, World Series, March Madness)
- Player names and likenesses
What You CAN Do:
- Generic sports themes ("Football Mom")
- Unnamed references ("Big Game Sunday")
- College/school spirit for YOUR school (with permission)
Scenario 4: Celebrity Names and Likenesses
The Situation: You want to create designs about famous people.
The Problem: Celebrities have "right of publicity" protecting their name, image, and likeness.
What's Protected:
- Celebrity names
- Celebrity photos or realistic illustrations
- Catchphrases associated with celebrities
- References that clearly identify a specific person
What You CAN Do:
- Generic references to types of people
- Historical figures (usually safer, but research)
- Satirical political commentary (but risky)
Scenario 5: Movie and TV References
The Situation: You want to reference popular entertainment.
The Problem: Studios aggressively protect their properties.
What's Protected:
- Character names
- Specific quotes
- Distinctive visual elements
- Show/movie titles
What You MIGHT Be Able To Do:
- Very general themes (not specific to one property)
- Broad genre references ("horror movie fan" vs. specific movie)
- Historical/public domain works
How to Research Before You Design
Step 1: USPTO Trademark Search
Website: uspto.gov/trademarks
How to Search:
- Go to TESS (Trademark Electronic Search System)
- Use "Basic Word Mark Search"
- Search your exact phrase
- Search variations
- Filter by "Live" marks and "Clothing" goods/services
What to Look For:
- Exact matches in clothing category
- Similar phrases that could cause confusion
- Pending applications (may be approved soon)
Step 2: Google Search
Search for your phrase + "trademark" to find:
- News about trademark disputes
- Existing products using the phrase
- Discussions about protected terms
Step 3: Amazon/Redbubble Search
Search your phrase on POD platforms:
- If NO results, the term might be blocked (protected)
- If results exist, term may be safe (but not guaranteed)
- Look at who's selling—major brands indicate protection
Step 4: Copyright Search
Website: copyright.gov
For visual works, search the Copyright Office database. Note: Many works are copyrighted but not registered—absence from database doesn't mean something is free to use.
Safe Design Strategies
Strategy 1: Create Truly Original Work
The safest path is 100% original content:
- Your own artwork and illustrations
- Your own phrases and slogans
- Your own concepts and ideas
Benefits:
- No infringement risk
- You own the copyright
- Builds unique brand identity
Strategy 2: Use Public Domain Content
Public domain works are free for anyone to use.
What's in Public Domain:
- Works published before 1928 (generally)
- Works with expired copyrights
- Works explicitly released to public domain
- U.S. government works
Resources:
- Project Gutenberg (text)
- Wikimedia Commons
- Unsplash (check licenses)
- Library of Congress
Caution: Characters may be public domain but specific versions trademarked (Mickey Mouse 1928 vs. modern Mickey).
Strategy 3: License Content Properly
You can legally use protected content with proper licensing.
Stock Resources (check licenses carefully):
- Adobe Stock
- Shutterstock
- Creative Market
- Design Bundles
Important: Read the license! Many stock licenses explicitly EXCLUDE print-on-demand use. You need a license that permits:
- Commercial use
- Products for resale
- POD/merchandise specifically
Strategy 4: Parody and Satire (High Risk)
Parody can qualify as fair use, but it's legally complex:
Requirements for Parody:
- Must comment on or criticize the original work
- Must be clear it's parody, not the original
- Must only use as much as necessary
Why It's Risky for POD:
- Platforms err on side of caution
- Takedowns happen even for legitimate parody
- Legal defense is expensive
- Fair use is determined by courts, not sellers
Recommendation: Unless you have legal counsel, avoid relying on parody defense.
Platform-Specific Guidelines
Amazon Merch on Demand
Strictest Enforcement:
- Automated content filtering
- Manual review process
- Three-strike policy (then permanent ban)
- Proactive keyword blocking
What Triggers Rejection:
- Any trademarked terms
- References to protected characters
- Celebrity names
- Certain blocked keywords
Best Practice: When in doubt, don't upload. Amazon bans are usually permanent.
Redbubble
Moderation Approach:
- Partner program for licensed fan art
- Responds to DMCA takedown notices
- Less proactive than Amazon
- Account termination for repeat violations
Partner Program: Redbubble has agreements with some properties allowing fan art. Check their partner page for approved brands.
Etsy
Approach:
- Responds to DMCA notices
- Less automated filtering
- More seller-friendly dispute process
- Still enforces IP protection
Note: Just because something is on Etsy doesn't mean it's legal. Many infringing products exist until caught.
What Happens If You Infringe
Best Case: Takedown Notice
- Product removed
- Warning on account
- Lesson learned
Moderate Case: Account Suspension
- Temporary or permanent platform ban
- Loss of all listings
- Lost income and reputation
Worst Case: Legal Action
- Cease and desist letter
- Lawsuit for damages
- Statutory damages up to $150,000 per work (willful infringement)
- Legal fees
Building a Safe POD Business
Daily Practices
- Research before designing - Always check trademarks
- Document your process - Keep records of original work
- When in doubt, don't - No single design is worth your account
- Stay educated - IP law evolves; stay current
Red Flags to Avoid
- "I saw it on another shop" - Others might be infringing too
- "I changed it enough" - Slight modifications don't matter
- "It's a common phrase" - Common phrases can be trademarked
- "I drew it myself" - Your art of protected characters is still infringement
- "It's just a small design" - Size doesn't matter
Building Long-Term Success
The most successful POD sellers build original brands:
- Create unique art styles
- Develop original phrases and concepts
- Build recognizable aesthetics
- Focus on niches where originality thrives
Quick Reference Checklist
Before uploading any design, verify:
- No trademarked phrases (checked USPTO)
- No copyrighted artwork (completely original or properly licensed)
- No celebrity names or likenesses
- No sports team names, logos, or event names
- No movie/TV character names or quotes
- No brand names or logos
- Original concept or properly licensed elements
- Would pass scrutiny if challenged
Conclusion
Intellectual property protection is not a barrier to success—it's a framework for building a legitimate, sustainable business. By understanding copyright and trademark law and implementing proper research habits, you can create a thriving POD business without legal risk.
Key Takeaways:
- Always search USPTO before using any phrase
- Original content is the safest path
- "Inspired by" is still infringement if it references protected works
- Platform bans are often permanent - one mistake can end your business
- When in doubt, don't use it
Ready to find trending niches for your original designs? Use our Free Niche Research Tool to discover profitable opportunities that don't require protected content!