Content & Trademark Policy

1. The rule

Only print what you have the right to print. In practice that means your own business’s name and logo, artwork you created, and artwork you have a written license to put on merchandise for sale. Keep the license; we may ask for it.

2. What is not allowed

Other people’s trademarks. Names, logos, slogans and designs that belong to another business, including when they are altered, abbreviated or combined with your own. This is the most common problem and includes:

• sports leagues and teams, colleges and universities, and events such as the Olympics or the Super Bowl;
• fashion, sportswear and consumer brands, and their logos, patterns and taglines;
• characters, films, TV shows, games, bands and other entertainment properties;
• “parody” versions of famous logos, which are frequently still infringing.

Other people’s copyrighted work. Art, illustrations, photographs, comics, lyrics, memes built on someone else’s image, and fonts or clip art whose license does not allow use on products for sale.

Real people. The name, likeness, signature or voice of a celebrity or any other real person without their permission.

Harmful content. Content that is hateful toward a protected group, threatens or glorifies violence, harasses a real person, is sexually explicit, involves minors in any sexual or exploitative way, promotes illegal activity, reveals someone’s private information, or impersonates another business.

Counterfeits. Merchandise designed to pass as an official product of another brand. Counterfeiting closes a shop immediately.

3. What is usually fine

• Your own business name and logo, as registered or as you trade under it.
• Your city, neighborhood, street or landmark names written in your own style, and ordinary words used descriptively — “Coffee”, “Brewing Co.”, “Est. 2009”.
• Generic imagery you drew yourself — a coffee cup, a mountain, a bicycle — that does not copy another business’s logo.
• Collaborations with another business that has given you written permission to use its mark.

4. How review works

1. Shops go live when they publish. Nothing waits for review: a new shop and every design it uploads can sell straight away.
2. Automated screening runs on every shop and upload and flags names and text that match a list of well-known brands, and images that resemble marks we have previously removed or been asked to protect.
3. Our team reviews new shops and new designs, starting with anything screening flagged. The reviewer sees the shop’s name, address on The Merch Counter, description, website, social handles, logo, designs and products.
4. When something breaks this policy, we take the design down — its products come off sale and it is never printed again — or, for a problem with the shop itself, suspend the shop. Unprinted orders for removed material are cancelled and refunded.

If something of yours is taken down, you will see why in your dashboard. You can replace it with something else, or reply with evidence that you have the rights (such as a license or trademark registration) and we will look again.

5. Complaints and repeat infringers

Rights holders can report infringement through our complaint process. When a complaint is valid we remove the material, unlist the products that use it, and record a strike against the shop. A design our own review takes down as infringing is also a strike.

A shop that receives 3 strikes within 12 months is a repeat infringer and is closed. A strike is withdrawn if a counter-notice succeeds or the complaint is retracted. We may close a shop sooner for counterfeiting, for deliberately re-uploading removed material, or for other serious abuse. Removed designs are added to the screening set so they are flagged if uploaded again — by anyone.

6. Questions

Not sure whether something is allowed? Ask before you upload it: support@themerchcounter.com.