Copyright & Trademark Policy

As a seller, images and videos, including likenesses, songs, sound effects, and music clips, as well as descriptions used in your listings must be your own material or that which you have obtained express permission to use. Using material containing the intellectual property of others is a violation of our Terms of Service and is strictly prohibited. Intellectual Property owners can, and often do, initiate civil lawsuits against sellers for offering and/or selling products that allegedly infringe on their rights.

Tophatter recommends that sellers watermark photos they own to prevent online theft; however, placing a watermark or graphic over or otherwise editing or altering an existing image does not change the intellectual property ownership.

Intellectual property owners may initiate lawsuits, temporary restraining orders (TRO), injunctions or pursue other civil recourse for unauthorized use of this property. If a TRO is filed regarding an item listed on a seller’s account, the account will be suspended pending the resolution of the lawsuit.

Tophatter is not responsible for any theft or unauthorized use of intellectual property and will comply with all legal requests in any court orders. The actions Tophatter takes will be required, to comply with the terms of the court-ordered TRO. Compliance with such orders generally includes, but is not limited to:

The listing in question being removed from the Tophatter platform
The selling account being suspended
All of the selling account contact information being provided to the Plaintiff'’s law firm
The number of sales and the total dollar amount of the sales of the infringing item(s) being provided to the Plaintiffs law firm

The seller will be responsible for contacting the Plaintiff’s law firm to arrange a settlement. Tophatter is a selling platform, not a named party, and can not provide further assistance, legal or otherwise, regarding these lawsuits. Once a settlement is reached between the seller and the Plaintiff, notice of that settlement will need to be provided to Tophatter before the offending account can be unsuspended. If a default judgement is entered, Tophatter will suspend the store permanently from selling on the platform.

If you are a copyright or trademark owner

Under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright is entitled to take action. In other words, copyright owners are responsible for policing their own rights and bear the cost of policing. Please see below for a list of items that have already been blocked on Tophatter dues to DCMA takedown requests.

Reporting Copyright

For instructions on reporting a copyright infringement, please see our page https://tophatter.com/copyright.

Items Blocked by Copyright/Trademark Requests

These item and brands cannot be sold on Tophatter due to receiving DMCA Takedown requests or other legal proceedings related to trademark and or copyright violations.

Anti-Motion Sickness Glasses

Lucas the Spider

Boyfriend Pillow

Mary's Sweety Hummingbird Feeders

Buy Drop Stop Items

Clocky Items

Maglula Items

Aculief Items

Pusheen Items

CGear Sand Free Beach Mat

PowerFloss

Magic Hair Curlers

Final Straw

Arctic HatsWalk Fit and Walk Fit Platinum orthotics

Items with the Supreme logo

Pro Pointer

Elf on the Shelf

Hemp Bomb

Unlicensed DC Comics items

Unlicensed DC Comics items cannot be sold on Tophatter. These include, but are not limited to Superman, Aquaman, Batman, Green Lantern, The Flash, Joker, Harley Quinn, etc.