Brand Representation and Trademark Policy

Effective Date: July 7th, 2025

At Upcyclers, we champion creativity, sustainability, and transparency. We also respect intellectual property laws. This policy guides how sellers can describe their items responsibly—whether upcycled or secondhand—without misleading buyers or infringing on trademark rights.

1. General Guidelines

Sellers must follow trademark and copyright laws, including the Lanham Act. You cannot make buyers think your item is made by, approved by, affiliated with, or sponsored by a brand unless that is actually true.

2. Secondhand Items

You can resell genuine secondhand branded items if:

  • The item is clearly marked as secondhand or vintage
  • You do not advertise it as new or officially connected to the brand
  • You do not alter it in a way that misrepresents its origin

How to support authenticity claims:

  • Include clear photos of labels, stitching, and serial numbers when available
  • Provide original receipts, proof of purchase, verification documents, or a certificate of authenticity from an authorized expert for luxury items
  • Highlight any unique details or markings that help buyers verify authenticity

Not allowed:

  • Claiming "100% Authentic [Brand]!" without proof
  • Using phrases like "[Brand] Official" if not affiliated
  • Adding logos or tags to imply newness or endorsement

3. Upcycled Items & Trademark Boundaries

When creating new items from branded materials, you may only identify the original source of those materials—you cannot imply any endorsement, affiliation, or authorization by the brand.

Examples (for educational purposes only):

  • "Upcycled from vintage [Brand] jeans"
  • "Handmade tote using reclaimed [Brand] denim"

Required disclaimer (for educational purposes only):

"This item is made from pre-owned [Brand] materials and is not affiliated with, sponsored by, or endorsed by [Brand]."

Not allowed:

  • Claiming a brand collaboration or official status
  • Displaying logos or tags to mislead
  • Describing your item as "Custom [Brand] Bag – Official"

Note: Steer clear of luxury brands (e.g., Chanel, Dior, Louis Vuitton, Gucci, etc.) when upcycling, since these trademark owners are super protective.

4. Copyright & DMCA

  • Sellers must own or have permission to use every image, design, text, or pattern they post, including photos and customer images.
  • Do not use copyrighted logos, prints, patterns, or materials without permission. This includes embedded watermarks or EXIF metadata from third-party sources.
  • The concept of "fair use" is limited and rarely applies to product listings.
  • Valid takedown requests under the Digital Millennium Copyright Act (DMCA) will be acted on. Sellers may submit a counter-notice if they believe a takedown is mistaken, but reactivation is at Upcyclers’ discretion.
  • Sellers with multiple valid DMCA strikes may face account suspension under our repeat infringer policy.

For any copyright or trademark concerns, contact info@upcyclers.com.

5. Enforcement & Platform Protection

Listings may be reviewed for compliance. If a listing violates this policy, the platform may:

  • Remove non-compliant listings
  • Restrict visibility of listings that do not meet guidelines
  • Suspend or limit accounts for repeated violations
  • Hold payments on sales involving trademark or authenticity concerns

Sellers are fully responsible for their listings and any resulting legal risk.

Legal Disclaimer

Upcyclers is an independent marketplace. We are not affiliated with, sponsored by, or endorsed by any brands mentioned in seller listings. All trademarks remain the property of their respective owners.

This policy offers general guidance only. It is not legal advice.

Sellers are responsible for ensuring compliance with intellectual property and consumer protection laws. This policy is designed to support clear, descriptive, and upcycled product listings, but it does not guarantee complete legal protection.

Policy Integration with Terms of Service

This policy is part of Upcyclers’ Terms of Service. By selling on Upcyclers, sellers agree to follow these guidelines. If a violation occurs, Upcyclers may take appropriate action, including listing removal, visibility restrictions, or account suspension.

For questions or to report a potential violation, contact info@upcyclers.com