TIKTOK USERS ARE MIGRATING. BUT WHAT IS REDNOTE?
Time：2025-01-23
TIKTOK USERS ARE MIGRATING. BUT WHAT IS REDNOTE?
By: Brandy Baker Dao and Fiona Zhang
With the recent US Supreme Court decision, the future of TikTok is unknown, leaving many asking: What is REDnote? Amid the looming US ban of the popular app TikTok and even prior to the recent Supreme Court decision on the subject, digital creators began to search for a new home. Enter XiaoHongShu, a social media and e-commerce platform that utilizes short form videos not dissimilar to TikTok but with some distinct differences as well. REDnote saw a surge of newcomers many calling it a refuge for those anticipating a TikTok ban. Here we provide an introduction to REDnote along with the process for enforcing your intellectual property rights on the platform.
Introduction to REDnote
XiaoHongShu, translated as “Little Red Book” and commonly referred to as “REDnote” in English, has been popular in China since about 2018. XiaoHongShu is owned by Xingyin Information Technology (Shanghai) Co., Ltd. with the China-based tech giants Alibaba and Tencent being shareholders. Years ago, XiaoHongShu was seen to revolutionize content creation and brand engagement offering a unique intersection of creativity and commerce with a focus on beauty, fashion, travel, health, and lifestyle but primarilty being used in China. Since growing globally, some in the US have likened REDnote to TikTok meets Pinterest. The platform has skewed towards younger generations though has sought to expand its recognition. It now has a 300 million+ user base who can sell directly to followers, offer premium content through paid subscriptions, and utilize analytics tools and data.
The biggest difference between TikTok and REDnote is that TikTok is the overseas version of a Chinese app called Douyin. While they are similar, they are actually operated separately, thus Chinese Douyin users do not actually crossover with overseas TikTok users. REDnote on the other hand, is one app with Chinese and overseas users all on the same platform. Similar to how WeChat (Weixin) works. For this reason, Americans may find the experience different and the content available may be restricted due to Chinese censorship. While REDnote has stated it is looking to make changes due to its sudden popularity overseas, it is unclear what changes will come.
The Ban of TikTok. The Rise of REDnote
The status of TikTok in the US has been turbulent over the past few years, to say the least. In 2020, US President Trump issued executive orders banning American companies from transacting with Bytedance and TikTok and demanding Bytedance divest itself from TikTok US. Several US based companies were said to be considering acquisition of TikTok though no deals came into fruition. In response, TikTok sued the Trump administration claiming violation of its due process rights though deadlines outlined by the Trump administration came and went without action as US President Biden took office in January 2021. Biden postponed any legal cases relating to the ban and TikTok continued to grow becoming the most downloaded app globally. Despite its popularity, TikTok continued to face a variety of accusations and complaints notably from US politicians leading to the passing of the Protecting Americans from Foreign Adversary Controlled Applications Act (“PAFACA”) which would force the sale of ByteDance’s ownership of TikTok or ban the use of TikTok in the US. TikTok then filed a challenge against PAFACA claiming it to be unconstitutional as it violated the First Amendment. A federal appeals court upheld the law at the end of 2024 and the case went to the US Supreme Court.
On 17 January 2025, the US Supreme Court unanimously voted to uphold PAFACA effectively banning TikTok unless it was sold by ByteDance. In response, TikTok went dark on 18 January 2025 sending ripples through the digital content community. Though on 19 January 2025 TikTok restored service to US users after newly elected President Trump promised to issue an executive order delaying the ban, which he did, after his inauguration on 20 January 2025 giving TikTok an additional 75 days before a ban took hold.
The saga continues on TikTok’s future in the US and the digital community seems eager to find a landing spot. But is REDnote the life raft for the so-called TikTok refugees? REDnote itself is owned by a Chinese entity and under PAFACA REDnote could be subject to the same instability faced by TikTok. Nonetheless, it is important to better understand the platform as it grows in popularity.
Protecting Your Intellectual Property on REDnote
As the creator community on REDnote grows, understanding the available IP enforcement mechanisms is more important than ever. Similar to other social media and ecommerce platforms, REDnote allows users to submit online complaints and flag infringing content for takedown. Beyond takedowns, legal action may be considered offline as well.
Legal Basis for IP Complaints – China IP Rights or International IP Rights?
While takedown requests can be made by filing complaints with REDnote, the biggest question is: what rights may be used as the legal basis for filing complaints? Given that REDnote has primarily been used in China by Chinese users under the XiaoHongShu name, it has strictly relied upon China’s Trademark Law, Patent Law, Copyright Law, Civil Law and E-Business Law to make decisions on intellectual property disputes. Therefore, users needed to point to their prior China registered IP rights when claiming infringement on the platform. However, REDnote has indicated that it is exploring foreign editions of the platform and considering how international rights may be used as a legal basis to enforce IP rights on the platform. As such, while it is feasible to argue prior rights generated in the US or outside of China, the key tool to resolving infringement issues on REDnote at this time will be to have a legal basis in China to refer to when filing online complaints.
Documents Needed for Filing IP Complaints on REDnote
The below information and documents should be prepared for a successful online complaint:
1. Rights Holder - Real Identification | |
Chinese nationals: | A photo, scanned copy, or photocopy of the front and back of the rights holder's valid ID card, or a photo, scanned copy, or photocopy of the original household registration book. |
Non-Chinese nationals: | A photo, scanned copy, or photocopy of the rights holder's passport or foreigner's residence permit. |
Legal entities or non-legal organizations within China: | A photo, scanned copy, or photocopy of the valid business license, certificate of legal entity of a public institution, certificate of legal entity registration of a social organization, etc., with the official seal affixed. |
For legal entity or non-legal organizations outside China: | A legalized Certificate of Incorporation / Organization registration authenticated by the local embassy or consulate, along with a corresponding Chinese translation. |
Where there are Entrusted Representatives or Lawyers | |
Local Chinese individuals / legal entities | An authorization letter signed or sealed by the rights holder and the identification documentation listed above |
Foreign rights holders entrusting domestic agents | A legalized authorization letter authenticated by the embassy along with the corresponding Chinese translation and the identification documentation listed above |
2. Preliminary Evidence Proving Infringement | |
Infringement of Portrait Rights | 1) A photo of the rights holder holding their ID card and other clear, identifiable personal photos, which should be sufficient to verify that the rights holder is the person depicted in the portrait; and 2) A written statement by the rights holder stating the unauthorized use of the portrait by the complained user, signed for confirmation; 3) Other necessary supporting evidence. |
Infringement of Name Rights: | 1) A photo of the rights holder or their legal representative holding their ID card and relevant proof of special identity; 2) A written statement by the rights holder stating the fact of the complained user's unauthorized use of the name or title, signed for confirmation; 3) Evidence of the damage suffered; 4) Other necessary supporting evidence. |
Infringement of Reputation Rights and Merchandising Rights: | 1) Evidence proving the reputation status; 2) Screenshots and written explanations of insulting content; 3) Evidence of malicious intentions; 4) Evidence of the damage suffered; 5) Other necessary supporting evidence. |
Infringement of Privacy Rights: | 1) A written statement by the rights holder stating the leaked information and explaining why it is considered personal privacy, signed for confirmation; 2) Other necessary supporting evidence |
Intellectual Property Infringement: | 1) Copyright registration certificates, trademark registration certificates, patent certificates (including patent claims and specifications), etc., as proof of ownership; 2) Proof of authorship such as creation manuscripts, initial publication dates, etc.; 3) Authorization contracts for copyrights, trademark licensing agreements, etc., as proof of rights authorization; 4) A written statement by the real proprietor stating the unauthorized use of the complained content, signed for confirmation, including necessary comparative explanations; 5) Other necessary supporting evidence. For targeted content imitation (content theft) accounts or counterfeit accounts, in addition to providing copyright proof of the stolen content, the rights holder 2should also provide evidence proving that they control the official release channels of the stolen content, such as screenshots of the official account's backend management interface; 6) Proof that the real proprietors published the stolen content earlier on other platforms, etc. |
Steps to File Complaints with REDnote
Here we list the steps for submitting online complaints through REDnote to initiate takedowns of infringing posts:
A. Typical Online Complaints | |
Single Infringement Page | Step 1: Register your own account on XiaoHongShu (REDnote);
Step 2: Click the “…” on the right corner of the infringing page, and enter into the online complaint channel by clicking “Report / Complaint 举报” at the bottom;
Step 3: Complete the real-name verification, select the infringement type and indicate the reasons for complaint and describe the details of the suspected infringement behavior and upload pictures as evidence, before hitting “submit”:
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Multiple Infringement Pages |
Step1: Register your own account on XiaoHongShu (REDnote);
Step 2: Go to the IPP Protection Center run by XiaoHongnShu (REDnote): https://ipp.xiaohongshu.com/login Step 3: Fill in the essential information, indicate the infringement type, and submit the application:
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B. Special Online Complaints | |
Complaints for the sales on goods / products pages | If you wish to complain about product infringement, send the necessary materials for the infringement complaint and the link to the complained product via email to mri-qinquan@xiaohongshu.com, with the email subject line formatted as "Real Proprietor’s Real Name or Title + Type of Infringed Right (e.g., Right of Reputation / Merchandising Right, Right of Privacy, Copyright, Trademark Right, etc.)". |
Complaints for live-streaming pages | If you need to complain about live streaming infringement, send the necessary materials for the infringement complaint, the link to the live room, the specific time points of the infringement during the live stream, and screenshots or recordings of the infringing parts via email to live-qinquan@xiaohongshu.com, with the email subject line formatted as "Rights Holder's Real Name or Title + Type of Infringed Right (e.g., Right of Reputation / Merchandising Rights, Right of Privacy, Copyright, Trademark Right, etc.)
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Alternative Means to Submit Complaints | If you are complaining about multiple infringements, or if you are complaining about a single infringement but it is inconvenient to send the complaint through the Xiaohongshu (REDnote) App, download the document "Infringement Complaint Notice" and fill in the information as required in the document. |
Other Important Considerations
While online complaints may be filed directly with REDnote, it would be wise to consider utilizing a China-based IP attorney to assist. First, note that REDnote currently does not accept complaints in languages other than Chinese. It is unclear whether this may change. Thus, currently all complaints must be accompanied with a Chinese translation, and the Chinese translation will be the primary version utilized by REDnote when making its decision. Second, REDnote will make decisions on complaints and take action regarding users or content targeted by infringement complaints based on the relevant laws and regulations and the understanding of such by its review staff, therefore having a local attorney with experience dealing with REDnote staff and procedures will be critical in accomplishing your goals. Lastly, when online complaints prove ineffective, additional offline steps may be required to safeguard your IP rights and curb suspected infringement, and thus a China-based IP attorney can offer valuable advice and devise a detailed legal action strategy based on China’s Trademark Law, Copyright Law, Anti-Unfair Competition Law, Advertisement Law, and other relevant regulations and best practices to strengthening your position particularly in complex situations. Taking a measured approach is especially crucial if you have an established online business.
Success Stories: Kangxin Helping Protect Brands
At Kangxin, we’ve supported creators and brands in safeguarding their content and reputation on Xiaohongshu / REDnote. Kangxin differs from the typical IP firm in that it has launched its own platform to help monitor and watch for potential infringement listings, videos, and brand advertisements, all while providing legal and business solutions such as online and offline investigation, C & D letters, raid actions, or civil/administrative/criminal action, etc.
Utilizing the Kangxin platform allows clients to register and renew trademarks in 43+ countries / areas, utilize a timestamp tool to protect videos, images, online courses, etc. as copyright within seconds, take action against suspected infringing activity via opposition, invalidation or administrative litigation, and remove counterfeit listings. We have helped beauty brands, luxury brands, artists, etc from the largest brand owners to individuals and start ups.
All in all, no matter whether you serve as a brand owner, influencer, or creator it is important to protect your IP rights first as trademarks, copyrights or design patents, etc. at the earliest stage. This will also be crucial in supporting any later legal actions or online complaints on platforms such as REDnote. The rise and fall of various social media and ecommerce sites will happen, but no matter where you bring your brand and voice, protecting your intellectual property will be the ultimate key to success.
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