COPYRIGHT AND IP 101

Updated May 2026

Copyright and Trademark Basics

Although we are knowledgeable about certain legal issues, we are not lawyers. If you have any additional questions, we recommend doing further research on your specific concerns or consulting a lawyer for more information.

When you start designing for your online business, you’ll undoubtedly come across confusing legal issues — for example, “Can I use this picture for inspiration?” or “How about a quote found on the internet?”

Copyright and trademark infringement can lead to hefty fines and other penalties. Before you start designing and marketing your work, here are four things you should know about copyright and trademark guidelines as they relate to your designs:

1. Create an Original Design
   The best practice is to create a design that is truly your own. If you haven’t based it on anything else or made it look similar to an existing design, you can feel confident you’re not violating anyone’s trademark or copyright. With so many designs already on the market, creating something unique can be challenging — but it greatly lowers your risk of copyright or trademark violations when you do.
2. Understand the Difference Between Copyright and Trademark
   Copyright and trademark are not the same. Trademarks protect terms, symbols, and names. Copyright protects original creative works such as movies, books, paintings, songs, web content, and choreography. Putting a company’s name on a product without permission is a trademark violation. Song lyrics are a common example of a copyright violation. For more information, visit the United States Copyright Office and the United States Patent and Trademark Office.
3. Know the Rules for Designing a Product
   You may use flags, national symbols, likenesses of political figures, and coats of arms; these are generally not protected by copyright or trademark. However, do not use famous or recognizable pictures of those things, as photographs are protected. Do not use famous, recognizable characters on your products without permission — these are protected.
   Fair use allows for parodies, so if your design is clearly a parody, you can generally use famous characters others will recognize — just ensure your intent is clear and it’s not offensive. Fair use also applies to logos when creating a parody that clearly demonstrates it’s not associated with the original work. If you’re using a picture or famous quote you found online, make sure you verify its source and learn how to credit it properly.
4. Recognize What Constitutes Infringement
   A picture you found online might make a great design, and a quote from your favorite actor may resonate with you. Still, using these elements without the proper rights can get you into trouble. Famous quotes can be acceptable if you attribute them properly by placing the quoted person’s name in smaller print on the design or in your product description on your website.
   Some sites offer photos free for commercial use if the owner is credited, but many do not. To safely use any photo in your design, you must track down the true owner and get written permission to use it for commercial purposes. For more information on attribution and licenses, check out Creative Commons or a list of stock image sites that offer free images.
   Also consider the Right of Publicity, which gives individuals control over the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could face legal issues. With all these risks, creating and using your own designs remains the best option.

Copycat Policy

GearLaunch takes design theft and intellectual property (IP) claims seriously. Below are the steps we take to educate GearLaunch Partners and ensure stolen designs are removed:

Design Intellectual Property Claims (IP Claims):
When a GearLaunch seller reports a copycat design, GearLaunch uses internal tools to determine whose campaign design was uploaded to the GearLaunch platform first. As a user‑generated content platform, we take infringement concerns seriously and appreciate your reports.

If a design appears to be in violation, we will lock the campaign and respond to your first report within 24 hours during regular business hours. On weekends and holidays, please allow up to 48 hours for a response. Locking a campaign ends the current launch and sends it into production. This action is performed only by administrators. Locked campaigns cannot be relaunched or edited by the seller.

If your campaign is locked and removed, we will notify you as soon as possible. However, we cannot guarantee any advanced notice.

How to Report an IP Claim:
To file a report, email legal@gearlaunch.com and include the URL of your campaign and the reported campaign in your email. Only file reports for designs that appear to copy your own — do not file reports on behalf of another store.

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