Copyright Infringement

How and when to file for a Copyright Infringement Suit?Understanding trademark and copyright infringement can sometimes be a difficult and confusing topic. At goimagine our goal is to respect the rights of independent sellers while also ensuring the integrity of the marketplace. That’s why goimagine does NOT condone the use of any intellectual property if the seller does not have rights from the intellectual property owner to use it.

It is important to know it is solely the responsibility of the seller to ensure they have the legal right to sell any copyrighted materials and goimagine does not endorse the sale of any copyrighted products. Sellers should especially be aware that if they are selling something without consent from the copyright owner they risk litigation, fines and even loss of their business if the owner chooses to prosecute.

If intellectual property owners or their authorized agents consider something on goimagine to be infringing on their IP, they may send a notice of infringement to us to request its removal. 

Below is a list of items goimagine will remove from the marketplace without question and what we will will allow to stay (unless hearing from the IP owner) simply because we are unable to discern if the seller has the legal right to use the copyrighted item or not.

ALLOWED EXCEPTIONS:

  • Branded Fabric: It is important to note that most fabric that has a brand, logo or other copyrighted material is often marked “FOR PERSONAL USE ONLY”. So sellers should beware of using any branded fabric. Unfortunately, goimagine doesn’t know when a seller is using material that is for personal use only and when they aren’t. So, we will allow the use of branded fabric. We recommend all sellers contact the copyright owner and/or an attorney before using any branded fabric.
  • Upcycled Items: There is much ambiguity around the “First Sale Doctrine.” In a general sense, goimagine wants to promote upcycled items and loves to see secondhand products get a new life.  So, we will allow products that are upcycled on our marketplace even if they have copyright information. Items used in this manner must be secondhand and can not be new. This ensures they are one-of-a-kind and not easily re-produced. We recommend all sellers contact the copyright owner and/or an attorney before using secondhand copyrighted items.
  • Modifying Branded Products: Sellers sometimes will purchase products/supplies that have another company's brand on them and then modify it through a handmade process (such as adding Initials to a Starbucks Mug). Along with upcycled items it is difficult to know if an IP owner would allow this since the branded product was purchased and being resold. So, this will be allowed on goimagine. We recommend all sellers contact the copyright owner and/or an attorney before modifying and reselling copyrighted items.
  • Small & Lesser Known Brands: As mentioned, it’s very difficult for goimagine to know every organization that owns a copyright, but also whether or not they would allow use of it. So, potential copyrighted information for smaller organizations, such as, regional colleges or local small businesses will be allowed. Of course, if the owner of any copyright contacts goimagine to request having their copyrighted materials removed we will immediately remove them.
  • Fairytale Characters: Companies like Disney have often used stories and characters from the public domain. For instance, Snow White was written by the Brothers Grimm and The Little Mermaid was written by Hans Christian Anderson. Since they are in the public domain using the name and generic likeness of these characters and names is acceptable. Although, you must be careful NOT to use the Disney created characters or likenesses. For instance, a seller can use a generic version of Cinderella, but can not use Gus the Mouse.
  • Puns and Humor: We love humor. If the item being created is “inspired by” a copyrighted item, but significantly different it will be allowed. Although, you can NOT use the name of the copyrighted material in your product name or description.

NOT ALLOWED:

  • Major Brands and Entities: This is the most clear area that goimagine must control since large organizations are very protective of their intellectual property. Below is a sample list of companies we will enforce not being on our marketplace unless they fall within the above exceptions. This is only a partial list.
    • Major Entertainment: Disney, Marvel, Star Wars, Game of Thrones, Schitt’s Creek, Warner Brothers, Legos, DC Comics, etc…
    • Major League Sports Teams: Major League Baseball, National Football League, National Hockey League, National Basketball Association, Major League Soccer, etc.
    • Video Games: Fortnite, Mario Bros, Roblox, Minecraft, Zelda, Sonic the Hedgehog, etc.
    • Division 1 College Sports: Alabama, Notre Dame, Boston College, Michigan State, etc.
    • Ivy League Schools: Harvard, Yale, Princeton, etc.
    • Food & Beverage Brands: Coca-Cola, Starbucks, McDonald’s, Chik-Fil-A, Kraft, etc.
    • Celebrities: Tom Brady, Brad Pitt, Oprah Winfrey, etc...
  • Brand Names in Listings: When listing products it is important NOT to use popular brands or celebrity names in the Product Name or Descriptions. This includes using the prefix of "Inspired By" and other variations.

If you find a product in the marketplace that isn’t in compliance with the above rules please use the below form to alert goimagine so that we can take care of it. Alternatively, you can contact the legal team of the copyright owner directly to alert them to the possible infringement.

Submit the below form to report a product on goimagine's marketplace that isn't compliant with the above terms: