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.
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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.
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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.
FAQ for buyers
What happens if I think I’ve received a counterfeit item?
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.
What will I need to provide?
You may be asked to provide additional information, including photos to help us investigate your claim. In some cases, for US-based buyers, we ask for the item to be returned to our US-based warehouse for further review by our team.
What happens to the item?
If we determine the item is inauthentic, you will receive a full refund for your item. In some cases, we will provide you with a refund even if we haven’t determined the item’s authenticity. If we find that the item is authentic, we will send it back to you at no cost.
Will the seller know that I made a claim?
Yes. Our review process includes notifying sellers of claims where relevant.
FAQ for sellers
What happens if a buyer makes a counterfeit claim against my account?
Keeping Whatnot trustworthy depends on taking counterfeit claims seriously. When a buyer reports an item as potentially counterfeit, Whatnot reviews the claim – including the buyer’s claim history – and may request additional information from the buyer and/or seller. In some cases, for US-based sellers, we require the item to be sent to Whatnot’s warehouse for inspection or additional review.
What are the possible outcomes of a counterfeit claim?
After review, there are generally three outcomes:
- We determine the item is inauthentic.
- Before we determine an item is inauthentic, we always provide the seller with an opportunity to submit evidence of authenticity (e.g., certificate of authenticity).
- If determined to be inauthentic, the buyer receives a full refund, and the seller is billed back for the total refund amount (including order value, tax, and shipping).
- If we determine it is inauthentic, it will not be returned to the seller.
- The sale of inauthentic items affects the seller's policy standing and action is taken in line with our policies.
- We determine the item is authentic.
- If we determine that the item is authentic, no further action will be taken. If the item was sent to our warehouse as part of the investigation, it will be returned to the buyer at no additional cost.
- We can’t determine whether the item is inauthentic.
- Not every claim has a clear answer. Some items are difficult to authenticate based on their condition, value, or category. In these inconclusive cases, Whatnot may issue a refund to the buyer directly, even when our team is unable to reach a definitive conclusion. In these cases, Whatnot covers the refund, without billing back the seller.
- A seller's account won't be affected by one inconclusive outcome. Multiple inconclusive claims against the same seller, however, is considered a signal of counterfeit activity that will lead to further review and enforcement.
Buyers are reporting my items but they are all authentic - what can I do?
Sometimes buyers think authentic items are inauthentic based on the item’s quality, condition, or other factors. To protect against this, sellers should:
- maintain verifiable proof of authenticity for everything they sell -- certificates of authenticity, brand documentation, or similar records. This is required under our policies and your best defense if an inaccurate claim is made, and
- ensure that all item descriptions – during live shows or in listings – accurately represent what buyers will receive. The more information you share about the item you’re selling, the less likely for buyers to be surprised about what they receive (including the item’s condition, and any callouts, defects or damage).
A single unconfirmed buyer claim should not affect your account standing. On the buyer side, Whatnot has processes in place to identify buyers that abuse our refund policies so sellers aren’t unfairly impacted.
If my item is sent to Whatnot’s warehouse, will I get it back?
If the item is determined to be counterfeit and was sent to our warehouse, it will not be returned to the seller.
Could my account be actioned even if items aren’t confirmed as counterfeit?
Potentially, yes. Where we see a pattern of unconfirmed counterfeit-related refunds, your account will receive a warning to provide you with an opportunity to check your supply source and address buyer concerns. When we identify a strong pattern of counterfeit signals, we will suspend or remove your account entirely.
What actions can Whatnot take if there are counterfeit issues on my account?
As referred to above, if we determine items are counterfeit, or if we identify a concerning pattern of unconfirmed counterfeit-related refunds, we will take enforcement action, which can include warnings, suspensions, or removal from the platform depending on severity and history.
How do I avoid the sale of counterfeits?
To prevent the unintentional sale of counterfeit items, we encourage you to authenticate the items you sell on Whatnot. We recommend using third-party authenticators like Entrupy, Real Authentication, LegitApp, or other verifiable evidence. Whatnot, in its sole discretion, will determine whether authenticity evidence is sufficient to confirm authenticity.
We may request specific evidence of authenticity for items being listed, sold, or given away, especially where we’ve identified higher risk. While some items may not be easily authenticated, it is at Whatnot’s sole discretion whether to permit further sales without sufficient proof of authenticity.
Whatnot will work with law enforcement by providing information properly requested to support investigations into counterfeit activity. Selling items that don’t comply with our IP policy is strictly prohibited.