Tophatter Copyright Policy

As a seller, images used in your listings should be your own photos of the product you have for sale, or photographs that you have obtained express permission to use.

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.

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.

Reporting Copyright

If the user can prove ownership of the content, they can file an official DMCA takedown request by contacting our Support team. Tophatter will assist in removing the content in question as soon as possible during the business hours of 8 am to 6 pm Pacific, Monday through Friday. It is the owner’s responsibility to file the DMCA within a reasonable amount of time before the content in question goes up for auction.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: 

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

(ii) a description of the copyrighted work that you claim has been infringed (including website URL or other locations showing the original works in use); 

(iii) a description of where the material that you claim is infringing is located on the Services;

(iv) your address, telephone number, and email address; 

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Deliver this Notice, with all items completed, to Tophatter’s Designated Copyright Agent.


Offering and/or selling any products that infringe on the intellectual property (IP) rights of others is strictly prohibited on Tophatter. This behavior violates Tophatter’s copyright policies and can expose sellers to legal risks. These IP owners can, and often do, initiate civil lawsuits against sellers for offering and/or selling products that allegedly infringe on their rights.

These lawsuits commonly result in the issuance of a Temporary Restraining Order (TRO) and/or other injunctions. If a TRO is filed regarding an item listed on a seller’s account, the account will be temporarily suspended pending resolution of the lawsuit.

Please review this website for further information about items that have resulted in TROs.

Items Blocked by Copyright/Trademark Requests

These items/brands cannot be sold on Tophatter due to DMCA Takedown requests and/or other requests made regarding trademark or copyright violations.

Final Straw

Arctic Hats

Walk Fit and Walk Fit Platinum orthotics

Pro Pointer

Elf on the Shelf

Hemp Bombs

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.

Unlicensed Harry Potter Items

Products “As Seen on TV” (logo only)

Salad Maker Bowls

Stufz hamburger presses

Lord of the Rings-style rings

Flex Tape

Achmed, the Dead Terrorist

Replica Championship Rings

Thomas Kinkade Paintings and Likenesses (all)

Electric Split End Trimmer

Dermacol

CitiKitty

Unlicensed Harley Davidson items

Lime Crime

Blankie Tails

Fuck Pillow

No!No! Hair Removal System

Beauty Blender (cannot use the product name in listing or images)

Anastasia Beverly Hills Brow Gel

Eyeliner Stencil

Pocket Shot

TubShroom

Light Angel

Magic Ear

Spin Broom

Star Shower Laser Light

Atomic Beam USA

Grocery Grab

Air Dragon Portable Air Compressor

Atomic Beam Glove

Atomic Beam Lantern

Fur Wizard

BBQ Grill Mats (the following images cannot be used)

Two-sided Glass Dome Necklace

Hug Light

LOL Surprise Dolls

Pop Sockets

Tophatter Seller Policies Overview
Tophatter Misleading Listing Policy
Tophatter False Advertising Policy
Tophatter Copyright Policy
Tophatter Shipping Policy