Counterfeit Policy and Restricted Branded Items Policy

Counterfeit items are illegal, deceive buyers, and damage trust across the Whatnot community. We do not permit the listing, sale, or giveaway of counterfeit items on our platform. Sellers are responsible for ensuring the authenticity of the items they sell, and must be prepared to provide proof of authenticity for items sold, given away, or listed. We also have specific requirements applicable to certain brand-associated items to maintain trust, and to ensure buyers understand what they're buying. 

Counterfeit items include: 

• an item that imitates an authentic item by using a brand’s name, logo, or other intellectual property when the item isn’t actually made by that brand –  even if the seller says it’s fake or its authenticity is unknown. This includes items with the branding hidden or obscured to avoid detection. 
• an item falsely advertised as authentic (e.g., signed sports memorabilia with fake signature)

Unbranded replicas: We permit unbranded items that may resemble (or in the case of fragrances, smell like) items from well-known brands as long as: 

• the item is not listed or sold in the Luxury Bags & Accessories category, 
• the item is not branded or listed as “inspired by” or as a replica of that brand (e.g., “Dupe [brand]”, “Replica [brand]”, “Inspired by [brand]”), and
• the item does not otherwise violate intellectual property rights, including applicable trade dress and design protections. 

Restricted Branded Items Policy

Buyers need to feel confident that what they purchase on Whatnot is authentic. To support buyer confidence and maintain community trust, additional restrictions apply to the sale of the following items. 

• Restricted luxury items: in order to sell or giveaway “gift with purchase” items or certain luxury parts, sellers must (1) be approved to sell in the Luxury Bags & Accessories category and (2) authenticate and list the item with a corresponding Certificate of Authenticity from an approved third party authenticator. At this time, our approved authenticator is Real Authentication.  For more on “gift with purchase” and luxury parts, see below. 
  • “VIP”, “gift with purchase”, or “GWP” items. These are branded items that luxury brands may give away to loyal or VIP clientele for special occasions, or offer as free gifts with purchase (e.g., a luxury-branded toiletry kit).  
  • Luxury branded parts or hardware. These are luxury branded “charms”, zipper pulls or similar hardware that have been removed from existing luxury items. 
  • How to sell: To learn more about using Real Authentication to pre-authenticate items, see our Luxury Bags & Accessories Pre-Authentication Program. To apply to sell in the Luxury Bags & Accessories category, schedule a show or list a product in the Luxury Bags & Accessories category and follow the in-app application process.

• Upcycled branded items: Whatnot does not allow the sale of upcycled jewelry that uses luxury branded parts, including upcycled keychains, charms, and similar hardware. We allow the sale, listing and giveaway of non-jewelry upcycled items containing branded parts as long as the item is made from authentic parts and there is no confusion about the item’s nature and origin, specifically: 
  • the item is clearly disclosed as upcycled and not originating from the brand,
  • the branded item has been creatively transformed from its original form and function,
  • where an upcycled item contains a luxury branded component, sellers list the item with a COA from Real Authentication or Entrupy for that component, and
  • the item is sold outside of the Luxury Bags & Accessories category.

What this means for buyers

We take the sale of counterfeits seriously. If you believe you have received a counterfeit item, please report the item in-app under your Purchases tab so we can review and take appropriate action. To ensure we handle counterfeit claims quickly, we require buyers to submit their refund request for an item suspected of being inauthentic within 30 days of receiving their order (regardless of category or item). For more on this, check out our Buyer Protection Policy.

You may be asked to provide additional information, including photos to help us investigate your claim. In some cases, we ask for the item to be returned to our warehouse for further review. If we determine the item is inauthentic, you will receive a full refund for your item. If we find that the item is authentic, we will send it back to you at no cost.

What this means for sellers

To prevent the unintentional sale of counterfeit items, we recommend authenticating the items you sell on Whatnot. We recommend using a third party authenticator like Entrupy, Real Authentication, LegitApp, or other verifiable evidence to confirm authenticity of the items you sell. Whatnot, in its sole discretion, will determine whether authenticity evidence is sufficient to confirm authenticity.  

We may request specific evidence of authenticity from sellers for any items being listed, sold or given away, in particular where we’ve identified a higher risk of inauthenticity. While we understand that some items may not be easily authenticated, it is at Whatnot’s sole discretion whether to permit the sale of these items absent evidence of authenticity. For example, sellers should be prepared to provide Whatnot evidence of authenticity when selling upcycled items and luxury branded component parts. 

In some cases, we may have items sent to Whatnot’s warehouse. Counterfeit items that are sent to our warehouse will not be returned to the seller.  When we determine items to be inauthentic, sellers will be billed back for the total cost of these items to refund buyers, including order value, tax, and shipping. In addition, Whatnot will issue enforcement actions to sellers identified as listing, giving away, or selling counterfeit items. See What Actions We Take for more.

Whatnot will work to provide any information properly requested by law enforcement to prosecute sellers who sell counterfeit items on Whatnot. Selling items that do not comply with our IP policy is also strictly prohibited. If you are a brand or rights owner concerned about copyright or trademark infringement or counterfeit items, please review our IP policy page.