Authenticity & Intellectual Property

Authenticity & Intellectual Property

What counts as counterfeit or unauthorised products?

Counterfeit or infringing products include:
  • Fakes or replicas designed to imitate branded goods.
  • Unauthorised “dupes” that misuse logos, names, or packaging designs.
  • Unlicensed merchandise featuring characters, trademarks, or copyrighted material.
  • Misleading branding that suggests association with a company or creator without permission.

Warning
Any counterfeit or unauthorised branded products listed on Kapsule will be removed immediately. Repeat violations may lead to permanent account suspension.

Rules on brand names and trademarks

  • You may only use a brand name in your listing if your product is genuine and you are authorised to sell it.
  • Brand names cannot be used as keywords, tags, or in descriptions unless they truthfully describe the product.
  • Do not compare your product to another brand in a way that misleads customers (e.g., “Better than [Brand X]”).

Info
You may describe compatibility in clear, non-misleading terms (e.g., “Charger suitable for iPhone 14”) but must not imply official endorsement.

Copyrighted and creative works

You cannot list items that infringe copyright, including:
  • Pirated books, films, software, or digital content.
  • Clothing, accessories, or décor using copyrighted images or designs without permission.
  • Music or media distributed without appropriate licences.

Idea
If you create custom or handmade items, consider registering your own intellectual property to protect your designs and brand identity.

How to prove authenticity

If Kapsule requests proof, vendors may be required to provide:
  • Invoices or receipts from authorised suppliers.
  • Licensing agreements or distribution rights.
  • Certificates of authenticity from recognised sources.

Alert
Failure to provide proof of authenticity when requested can result in immediate product removal and account penalties.

Steps to stay compliant

  1. Source products only from authorised distributors or directly from brands.
  1. Avoid using brand names or logos in listings unless selling genuine products.
  1. Maintain invoices, agreements, or certificates as evidence of authenticity.
  1. Create original images, descriptions, and titles for your listings.
  1. Respond promptly to IP violation notices or compliance requests.

FAQs

1. Can I sell “inspired by” or replica items?

No. Products marketed as “replicas,” “dupes,” or “inspired by” infringe IP rights and are prohibited.
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2. Can I use a brand name to describe compatibility?

Yes, but only in a factual, non-misleading way (e.g., “case suitable for Samsung Galaxy S24”).
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3. What happens if my supplier provided counterfeit goods without my knowledge?

You are responsible for your listings. Counterfeit items will be removed, and repeated violations may lead to suspension.
​
4. How does Kapsule handle IP complaints?

Kapsule investigates reports from rights holders and removes infringing listings. Vendors may be contacted for supporting documentation.
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5. Are fan art or custom designs allowed?

Only if they do not infringe existing IP rights. Using copyrighted characters, names, or logos without permission is prohibited.

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