Brand New Stanley x Starbucks 40oz Quencher Mugs/Cups are For Sale on Etsy - I have an idea

[BeaconwoodDettman]

I'm sure lots of you have heard of the latest craze with the Stanley x Starbucks mugs/cups/quenchers, Target's limited-edition versions, people camping out in front of Target and then running - Black Friday style - to get them. And in turn, resellers are scrambling to cash in, which is fine, but some of them are being sold on Etsy. 

Regular Forum readers will roll their eyes at this post, this has been brought up so many times with so many items, and I get that.

I have an idea though for a new approach Etsy could take: Let them in. 

Here's the dilemma - Etsy's current revenue depends on sales of things like Stanley x Starbucks quenchers. Etsy probably makes more revenue from these types of items than my vintage shop would in 1000 years. This has been said by others in the Forum that Etsy will never truly be able to manage this without shooting themselves in the foot financially. 

My idea would be to create distinct Etsy sub-shops: Etsy Handmade, Etsy Vintage, Etsy Craft Supplies and a new shop for things like Stanley x Starbucks Quenchers. Maybe they could call it "Etsy Discount" or "Etsy+"

I just don't think it will ever change. Search "Stanley Starbucks" in Etsy to see examples, these listings would have all been created in the last couple weeks. Etsy deactivates my listings for "Miniature Vintage Lane Cedar Chests" (these have all been reactivated), so I'm confident Etsy could deactivate listings for "Stanley Starbucks", but they don't. 

Thoughts?

[BellasTreasureTrove]

I agree! If you can't beat them join them. Etsy can't get rid of these guys so they might as well just let them in. I just reported on a shop selling vintage Gucci coats in any size from double zero to 30. It certainly would save me time reporting these shops. Also I could list other things that I sell on other sites.

[OneEyeCatStudio]

I agree.  For some reason Etsy seems to have stopped taking down designer counterfeit.

[RamblinRoseSoaps]

You are forgetting one pretty important point.  It is illegal to sell items that are counterfeit.  It's not only the seller/reseller's butt on the line, but also Etsy's.  Etsy takes down any shop that is caught selling counterfeit items, but to just open your doors and say it's okay is a whole different matter. Bottom line. it's illegal. 

[Amaradorn]

@RamblinRoseSoaps  it's not illegal to resell (unaltered) branded products. It's only (currently) prohibited on Etsy if sold as handmade. 

ETA: maybe I misunderstood your point?

[ExtremeCreation]

@Amaradorn You can only resell if it is a supply to make something like beads for jewelry or if it is a party supply like balloons. Otherwise if they list those unaltered brand new non vintage cups, the customer can open a NAD case and win automatically get a refund and keep the item if the seller shipped it out. 

There are a lot of people who look for things like just to get things free. 

[cutebutton]

reselling stanley cups that you own is not illegal.  Making a "fake" stanley cup and reselling that would be illegal. 

[RamblinRoseSoaps]

And why do you think Etsy doesn't allow it?  For grins and giggles?  To keep its sellers in line?  No. It's called intellectual property infringement to resell anything that is trademarked or copyrighted.  And it is illegal.  Why do you think people are sued by Disney or that country singer who sued the lady who was selling tumblers with his likeness on them?  Maybe it's not illegal in the UK, but it sure is in the US. Etsy isn't restricting these things.  The law is.  Etsy's just following the law. 

[ExtremeCreation]

@cutebutton How would list the cup as? Handmade? Vintage? Supply (to make something)?

[cutebutton]

@RamblinRoseSoaps 

what you are saying isn't exactly accurate. 

If I purchase a Stanley cup I can choose to resell the stanley cup as it is.  Not an issue there.

If I buy a disney product and I want to sell it as is, not a problem there.

Basically if you buy something, whatever it is, you can turn around and sell it as is.

The problem with counterfeit comes into play where you are ripping off someone's design on a new product.

For example if I took a blank cup and put a stanley logo on it, that's a problem.

@ExtremeCreation Not saying it's etsy legal, but it's not ILLEGAL in general unless you are actually making something counterfeit.  If I am selling a legit Stanley cup that is in no way a counterfeit item because it's a legit Stanley cup.

[ExtremeCreation]

Per Etsy's Help Center:

Can I resell handmade items?

Reselling is not allowed in the Handmade category on Etsy. Reselling on Etsy means listing an item as handmade when you, the seller, weren’t involved in designing or making that item. Learn more about our policy on reselling.

https://www.etsy.com/legal/policy/reselling/239324376512

Per Etsy's House Rules:

"“Reselling” is selling an item that you, the seller, did not make or design. Etsy's marketplace includes handmade items, vintage items, and craft supplies. Reselling is only allowed in the vintage and craft supplies categories."

[ExtremeCreation]

@cutebutton You are correct in part that its not illegal to do so but not on Etsy as the OP mentioned that they are seeing this happening on Etsy.

[cutebutton]

@ExtremeCreation 

I'm not trying to argue about whether it's actually allowed on etsy because at this point in time it obviously isn't'.  

It's that in general (not on etsy)  It is not illegal for a person to resell a Stanley cup.

[ExtremeCreation]

@cutebutton 

Just have to say... I love your buttons!

I think the issue was that another seller said it was ok to sell that on Etsy which we agree that it is not ok ... on Etsy.. but on Ebay...by all means go for it.

If another seller does sell them on Etsy... I hope they understand the consequence of doing so. 

[cutebutton]

@ExtremeCreation 

awww, Thank you!!!!!

My response was really directed at the comment above about the reason etsy didn't let people resell stuff.  It doesn't have to do with the fact that it's illegal to resell stuff or that reselling is automatically infringing.  It's really just that etsy didn't originally want their site to be another ebay.

[Amaradorn]

@ExtremeCreation I know what can currently be sold on Etsy and I'm not arguing about that. I also know how intellectual property works (basically). I thought the OPs suggestion was for Etsy to change it's selling policy to allow resellers. Sorry if I miss understood the OP.

@RamblinRoseSoaps 

[ExtremeCreation]

@Amaradorn You are correct. The OP did mention their idea of why not have "sub shops" to include things like this as they are seeing the cups sold on Etsy right now.

I'm sorry if I miss understood your post as you stated they could be sold just not under handmade....which I understood that you thought it would be ok as long it was under a different category. 

[BeaconwoodDettman]

@RamblinRoseSoaps Totally understand, I'm not saying to let in counterfeits, the Stanley/Starbucks mugs I saw today probably include a mix of legit and fake. I was just thinking that the only solution feels like separating legit resellers selling legit items into their own area of Etsy, like a "bargain basement" area that would actually keep the rest of Etsy closer to the way it should be. 

[MirageRiverCreations]

@RamblinRoseSoaps Reselling brand name items that you purchased with good money is not now, nor will it ever be illegal. It’s not intellectual property infringement, and it’s not going to have the brand owner beating down your door. They’d get laughed out of court.

Selling these things on Etsy might be against Etsy’s TOUs, but it’s legal to sell them basically anywhere else. 

Reselling things you buy, no matter whose “image” is on the front, is not counterfeiting.

And just so everyone knows, counterfeiting is someone not Starbucks making a Starbucks cup that looks exactly like a Starbucks cup and claiming it was made by Starbucks. Infringement is someone taking a cup and drawing something Starbucks “inspired” on it and selling that. Yes, there is a difference.

[JustMeToo]

@BeaconwoodDettman    The problem is that many resellers are claiming "handmade" so their listings would end up in the "handmade" category which just gives them more credibility.

[LilMissSweetPea]

If they are adding personalizaton, then it is handmade. My grand daughters are in cheer sports and they all have these cups with their names in vinyl on the cups. They also take their cups to school and it helps to have their names on the cups. These are qualified to sell on Etsy.

[JustMeToo]

@LilMissSweetPea   They cannot personalize the Starbucks cups and sell them here.  They would have to start off as blanks.

[NoFrogsAllowed]

Apart from issues with Starbucks, why can't they start off with an original cup and personalize it and sell it here?  Why do they have to start with a blank cup?   It's no different from purchasing an apron and embroidering a name on it.

[BeaconwoodDettman]

@JustMeToo But what if the resellers could select from a dropdown that had: 

1. Handmade

2. Vintage

3. Supplies

4. Bargain (? or something)

Yes, they could still incorrectly categorize on purpose, but my thought was that once they selected option 4, the listings go somewhere else within Etsy.