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Prohibited Products Policy: Intellectual Property (IP)
Last updated on Aug 8, 2024
Reading time: 3 min
Overview

Products subject to our policy on Intellectual Property (IP) must also adhere to other prohibited products policies including our policy on Art or Walmart will automatically unpublish your item.  

What is the policy? 

Walmart prohibits from sale any item that is, or contains, unauthorized use of copyrighted works. Unauthorized copyright use, or infringement, is the unauthorized use of a creative work that is protected under state and/or federal copyright law. 

Additional Information 

Examples of products protected under copyright law: 

  • Photographs 

  • Video 

  • Artwork 

  • Music 

  • Books 

  • Television or streaming content 

  • Patterns and designs 

  • Movies   

Policy basics 

Prohibited

Allowed

  • Any item that is, or contains, unauthorized copyrighted material  

  • Any item that uses copyrighted material in its imagery or item description  

  • Three-dimensional artwork 

  • Fine artwork that was created as a reproduction of an existing work; the artist did not deliberately make more than one version of the same artwork 

  • Original works for which you are the owner  

  • Copyrighted material for which you have documented license or permission to use 

Trademark 

What is the policy? 

Any unauthorized use of a registered trademark is prohibited on Walmart’s Marketplace. A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services of one party from those of others. Under United States trademark law, a trademark owner has the right to prevent competitors from using its trademark if the use would cause a likelihood of confusion. 

Additional Information 

Examples of items that could be considered a trademark:  

Patent 

What is the policy? 

Any item that infringes a patent of another is prohibited from sale on Walmart’s Marketplace. A utility patent is a grant from the United States Patent Office that gives the holder exclusive right to an article of manufacture for a limited time. A design patent is a grant from the United States Patent Office that gives the holder an exclusive right to the way the article of manufacture looks, or its ornamental design. 

Counterfeit products  

What is the policy? 

Counterfeit products are prohibited from being sold on Walmart’s Marketplace. Counterfeit products are inauthentic items intended to appear or sold as authentic. 

Walmart reserves the right to remove any item or content it believes to be counterfeit and further reserves the right to take any additional measures it deems appropriate in handling a claim of counterfeit goods, including, but not limited to, termination of the seller’s account.   

Policy basics 

Prohibited

Allowed

  • Pirated media, including music, games, DVDs, etc. 

  • Apparel illegally replicated to appear authentic 

  • Apparel, cellular phones, handbags, and other items made to appear authentic, but are not. 

  • Authentic items  
Notes

The information found within this policy and the related hyperlinks is for general informational purposes only and is not considered legal advice. This policy may contain links to third party content, which Walmart does not warrant, endorse, or assume liability for and your reliance on such content is solely at your own discretion.

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