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Can I legally sell Harry Potter products?

No.

A while ago Etsy deactivated my listings for trademark infringement. It was specifically for a “snuggle this muggle” SVG. I took down any SVGs that used the word Muggle. I also took down any terms I knew related to Harry Potter. Terms like:

  • Muggle
  • Gryffindor
  • Ravenclaw
  • Slytherin
  • Hufflepuff
  • Quidditch
  • Hogwarts

I looked up the trademark and sure enough, the word “muggle” was trademarked for any use on clothing, etc. I couldn’t argue with that.

Recently I got yet another slap on the wrist for my “I solemnly swear it’s my birthday” SVG. Now this was hard for me to swallow. I built my website because I have this nagging feeling I’ll be losing my Etsy shop any day. I wrote Etsy, I wrote Warner Bros. Etsy advised me that they could not take a stance. Warner Bros on the other hand did take the time to write me back. In short, the email states it is confidential so I am not copying it verbatim here. (Look I’m learning to mind my p’s and q’s already!). The ding was because I used “harry potter” in my tags. IN.MY.TAGS. I have since removed “harry”, “potter”, “harry potter” or any phrase in the Potter Fandom from any listing or description. And forget about “wizarding world” cause that’s taken too! In fact, after chatting with another crafter, I have removed all of those toe-the-line designs and only kept my birthday or wizard related SVGs to err on the side of caution.

Going forward, I will try to be more diligent in my trademark research before releasing new SVGs. However, my own research should not be construed as legal advice. I have rightly removed the items that infringed upon known trademarks.

I urge you to not sell any potential trademark or copyrighted designs in your handmade crafts because these big dogs are not messing around. I urge you to complete your own due diligence to keep you and your business safe from issues.

And I thank you for not only reading this but being a supporter of Thirty Seven Maple.

Val.

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