Can you copyright this?

[RebekahTaylorDesigns]

I posted on here earlier about being accused of copyright infringement by someone and etsy pulling my listings. I reached out to etsy and have not gotten a response. I am contemplating countering the DMCA. My question is my listing are cup cozies one with a plain crochet heart another one is of felties that I purchased from other etsy sellers. These are mass produced and they are all the same. Can someone tell me how this is copyright infringement?

[Former_Member]

You are basically selling exact copies of someone else's work which is NOT allowed on Etsy. IT doesn't matter how many the other shop owner produces in one batch.

Etsy is not the place to resell other people's work unless it is a vintage piece.

I used to sell handcrafted wooden soap dishes in my shop and it was more efficient to set up the tooling to produce in batches of 1000 units. Even though I was mass producing, they were still my own design.

[RebekahTaylorDesigns]

Crochetgirl I guess I explained this wrong. Not mass produced in that sense. The embellishment I use on my designs are an item that is called a feltie sold by thousands here on etsy. It is an embroidery design that anyone can buy and use anywhere. That is what I meant. I apply them to my cozies and apparently so does this other person. I do not edit the design. My question was how can somebody copyright this?

[RebekahTaylorDesigns]

I do not edit the feltie by adding beads is what I mean. I keep it the way I purchased it

[mirrymirry]

did you copy the sellers cozy? This is what the issue is i guess. Can you make your cozies with a different feltie on it to get around this upset?
Is anyone else selling heart cozies?

[RebekahTaylorDesigns]

I do not copy designs. I created my own crochet pattern with the actual cozy. I guess I don't understand how it is copying. Anybody can buy these appliqués so because you put it on something you now have rights to it? Look up heart cozy. You can't copyright a heart. Again because you placed it on something? I can use a slightly different applique but heavens forbid we buy the same ones. I can change the yarn color but I guess I don't understand this. Seems silly to me.

[Plektra]

If Etsy had your listings deactivated, why are you going for the same style again? If the other seller is also using felted decorations on her cosies, you might find yourself in the same situation or worse. Etsy will end up closing your shop.

Why don't you add your own crocheted embellishments or other materials? Or keep some felted decor and mix up your range? Maybe this is an opportunity for you to design a new product (s)?

[RebekahTaylorDesigns]

Minerva,

Thanks for the advice and positive outlook! I have already come up with new designs and I will just keep moving forward. I guess I should get over it. I am just dumbfounded by it all.

[mirrymirry]

Rebekah, it does seem such a shame. Like you say anyone can buy those hearts & put them on a cozy. Hearts are so popular it's bound to happen. I don't know why they thought you were copying then, maybe it's sheer chance they look alike. Wait for Etsy to reply to you. It might get sorted out.
Your cosies are lovely. I sell some too, they're sweet to make aren't they? 😊

There must be tons of things that look alike; jewellery, knits, belts, polymer clay food! The list is endless. I don't understand how one person owns rights to it but hope Etsy can come through for you .

Good luck flower!