Marked. - Issue 065
Amazon faces direct and vicarious copyright claims over print-on-demand apparel.
Issue No. 065
October 16, 2026
New York
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The IP Briefing · by ESCA Legal
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| Amazon must continue defending direct and vicarious copyright claims over allegedly copied T-shirt artwork sold through Merch on Demand. An Ohio federal judge rejected those portions of Amazon's summary judgment bid on October 14, while granting it judgment on contributory infringement. Weekend Warrior Clothing, which sells apparel as USA Drinking Team, alleges that third-party creators uploaded its designs and Amazon displayed, manufactured and sold the resulting merchandise. The court has not determined that Amazon infringed any valid copyright. |
| § | Amazon sets sales terms, identifies itself as the seller, manufactures ordered products and handles payments and shipping. The court held that a jury could find this activity goes beyond passively storing designs uploaded by users. | | § | Amazon won summary judgment on contributory infringement. The court found no evidence that it encouraged infringement, and Merch on Demand has substantial lawful uses under the Supreme Court's Cox standard. | | § | The direct and vicarious claims remain disputed, as does copyright validity. Amazon presented evidence that some designs incorporate preexisting material, preventing summary judgment for Weekend Warrior. | | § | The court also declined to grant Amazon summary judgment on its DMCA defense. A jury could find that its handling of the apparel company's infringement notices did not reasonably implement a repeat-infringer policy. |
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| § ESCA Takeaway |
| The ruling separates a marketplace that stores user content from a business that also prices, manufactures and sells the resulting products. Amazon defeated the contributory claim, but its role in those sales and its handling of infringement notices leave other copyright theories unresolved. |
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