This website has recently been subject to a trademark-based takedown request submitted by representatives of Whatnot, Inc. to third-party infrastructure providers.
According to the complaint forwarded to us, Whatnot’s representative asserted the following:
“The owner of this site is deliberately infringing on our client's intellectual property rights and trying to cause customer confusion by using Whatnot trademarks without authorization and suggesting an association where one does not exist. This action constitutes trademark infringement and unfair competition.”
We categorically reject these allegations.
1. No Trademark Infringement or Unfair Competition
WhatnotSellerAlliance.com is a non-commercial, public-interest initiative. The site does not sell goods or services, does not impersonate Whatnot, and does not claim or imply any sponsorship, endorsement, or affiliation with Whatnot, Inc.
All references to “Whatnot” are used solely to identify and describe the platform being discussed, documented, and analyzed. Prominent disclaimers of non-affiliation are displayed throughout the site.
Under U.S. trademark law, including the Lanham Act (15 U.S.C. §§ 1114, 1125), trademark infringement requires a likelihood of consumer confusion as to source, sponsorship, or affiliation. No such likelihood exists here.
2. Protected Nominative Fair Use and First Amendment Activity
The use of the word “Whatnot” on this site constitutes nominative fair use as recognized by U.S. courts, including New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992).
Additionally, this site engages in protected First Amendment activity, including commentary, documentation, and analysis of platform governance, seller experiences, and regulatory matters. Trademark law does not grant any company the right to suppress criticism, investigation, or public-interest reporting through trademark enforcement mechanisms.
3. Transparency Record and Evidence Preservation
This statement is published to transparently document an attempt to interfere with the normal operation of this website through trademark-based allegations that are factually and legally unfounded.
Any further actions that may reasonably be perceived as retaliatory, suppressive, or targeted in response to participation in this public-interest initiative may be documented as factual events and preserved for transparency, accountability, and potential regulatory review.
This notice is provided for transparency purposes only and does not constitute a legal accusation or determination of wrongdoing.