Trademark guides / Smiley
Is “Smiley” safe to use on eBay?
No, not unless you’re selling the genuine brand. “Smiley” is a trademark of The Smiley Company.
"Smiley" is a trademark that has been used to sue hundreds of Etsy shops. Say "happy face" instead.
Why it’s a problem
The Smiley Company holds trademarks for the word "smiley" and has sued hundreds of online sellers, many of them Etsy shops, in bulk "Schedule A" lawsuits. Defendants were sued for using the word in titles, descriptions or tags, and their accounts were frozen.
What eBay does when it’s reported
Brand owners report listings to eBay through its Verified Rights Owner (VeRO) program, and eBay removes the reported listings. Repeated removals can restrict or suspend your account. eBay's search manipulation policy also bans comparing your item with other brands' products.
eBay titles are only 80 characters, so sellers squeeze in popular keywords. A trademarked keyword in the title is the most visible place to be caught.
What to write instead
- happy face
- smiling face
- grin face
Check the rest of your listing
One trademark is rarely the only risk. The scanner checks your whole title and description against eBay’s own rules and every term in our trademark list.
Related
Source: Vice: The people getting sued by Big Smiley
General information, not legal advice. Trademark status can change; this page was last checked on 2026-10-10.