2nd account permenently suspended within 24 hours, with no explination, and no recourse.

[TavernMiniatures]

I want to start by saying I still have no idea whats going on, and have not received anything other than an automated response.

The account in questions is: etsy.com/shop/diamonddragongamess

I have my main Etsy account I have been operating for 2 and a half years now (just celebrated 500th sale not too long ago, woot woot!), and 2 days ago, I tried to open a second Etsy account to sell completely different handmade gifts and apparel.

Well, it all happened so fast. I created the account no problem, created my first listing. It was a dummy listing I came back and deleted later. finished setting up the shop, bio, banner, etc.

I started working on listings. I have many designs that I use Printify as a production partner, but I started working with one design at first, it was a pattern I designed, (if it matters: it was a D&D themed dungeon map in black and white https://imgur.com/a/Hy9l0cS.) I created it, I got the .ai file to prove it haha.

Well by the time I got to the 4th listing the account was suspended.

This is odd, It must be some automatic Ban-Bot run amok, I'll just wait for the automated email explaining what to do next...

Nothing.... for 24 hours. Until.... a second email!

"Your Etsy account has been permanently suspended"

It was an an automated email... No reason given. So the Email-Bot is working with the Ban-Bot now!

So I file an appeal with Etsy using the link in the email, I explain this HAS to be a mistake because these items:

• ARE 100% handmade, designed by me and printed using a production partner.
• THEY DO NOT violate Etsy's prohibited items policy.
• THEY DO NOT violate Etsy's Intellectual Property Policy
• I HAVE VERIFIED the account owners (me) information is IDENTICAL across both accounts, Tax info and all.
• I AM NOT sharing an IP address with someone previously suspended by Etsy.

This just seems literally, and truly a random flip of a coin suspension on a new account for absolutely no reason. I have dug through every post on Reddit, all of the Help Center materials here looking for anything to justify an instantaneous permanent suspension on a brand new account like this with no reason given.

[UPDATE] Thank you very much for all your help everyone!

What I've learned:

1. Designing artwork that is clearly infringing on others intellectual property is not good. (we all know this already)
2. Using trade marked terms and names that are WILDLY used on Etsy already in the title/description of your listing... also not good (embarrassed to say I didn't know this)
3. Just because everyone else is doing it....

Once again, thank you guys for your help. I have some listings to update!

[PlatypusDream · Accepted solution]

https://help.etsy.com/hc/en-us/articles/115015672628-How-to-Reinstate-Your-Suspended-Account

Note that if you were using protected terms like "pathfinder", "D & D" and the like, it would be problematic (unless you have obtained permission / paid for legal licensing).

It might just be that you have to verify your ID and the whole thing is a mistake.

[TavernMiniatures]

Yes, I am aware of this link, I have read it, and re-read it many times.

I have filed an appeal and received the same automated message informing me my account has been permanently suspended. No reason, no explanation.

And, I have verified my ID. The problem is how do I get a human at Etsy to review it?

[TavernMiniatures]

BTW, the account in question is not the one associated with this account, the one suspended cant even log in to the forums.

its this account: https://www.etsy.com/shop/diamonddragongamess

[PriddeyThings]

@TavernMiniatures you should de-list your D & D items in your existing shop as that also risks being shut down. If you have a license, make sure the details are displayed clearly. 

[TavernMiniatures]

Thank you very much for all your help everyone!

What I've learned:

1. Designing artwork that is clearly infringing on others intellectual property is not good. (we all know this)
2. Using trade marked terms and names that are WILDLY used on Etsy already in the title/description of your listing... also not good (embarrassed to say I didn't know this)

[JJewellerySuppliesUK]

You need to reply to the automated reply.  If you don't, Etsy will close it and you will be back to square one.  Reply to that, wait for their reply, if it is still not resolved reply again and so on back and forth until you get a resolution. 

I wouldn't try opening another account until you find out why this one was suspended.  

[MaynardMillinery]

"if it matters: it was a D&D themed dungeon map"

You answered your own question right there... 

[TavernMiniatures]

Just check the link...

Nothing in the artwork is even remotely infringing.

But if you think it would help, I'll remove any instance of the term "D&D" from the title and description?

[ThePurplePuppy]

@MaynardMillinery 

You are absolutely correct--OP said he was not  infringing but using the term D & D much less anything associated with them IS IP infringement, unless he is duly licensed.  I saw nowhere that  they said they were licensed--

What a lot of people don;t understand is that even if the artwork and design is theirs--they cannot use trademarked figures within those drawings OR use the name at all

ETA: @TavernMiniatures   If you used any of their trademarked characters OR used the name our words in any way--it IS infringing even if you drew and designed everything yourself. 

[VintageRescueSquad]

It may be because Printful refuses to print IP-protected products. If your listing mentioned D&D or anything non-generic, that is why.

[nineteen27]

THEY DO NOT violate Etsy's Intellectual Property Policy.

of course they do.

they violate whomever owns dungeons and dragons too.

you are lucky they have not closed down your other shop because they usually close all shops associated with the closed one.

and removing the words d&d will not help at all if someone can look at it and think... dungeons and dragons.

that is called trademark confusion.

[TavernMiniatures]

I see what your saying, where I don't sell anything that can be construed as a D&D product, just using the term "D&D" in the title is enough to trigger whatever automated ban-bot got me.

And if you search "D&D logo" on Etsy.. these are just bans waiting to happen?

[ThePurplePuppy]

@TavernMiniatures  even tho I am not @nineteen27  the answer to your questions are

yes

and yes

[nineteen27]

you are using a trademarked brand name to sell your items.

and you cannot see the bazillions of items and shops closed ... you can only see some of the ones that are still open.

just like... your shop was closed right away... and for all we know 928738 shops were closed right away for the same thing... we cannot see closed shops or removed items.

[Chrysalism]

https://company.wizards.com/en/legal/fancontentpolicy

[Rosie247]

"if it matters: it was a D&D themed dungeon map in black and white"

It matters.

[AAANativeArts]

Just because other people are breaking the law, it does not make it ok for you to do it, too. What others are selling on Etsy is the worst way to try to figure out if your product is legal. You have to research it yourself. There are databases on the internet to search for copyrights and trademarks.

Dungeons and Dragons and all associated characters and all associated verbiage are either copyrighted or trademarked. To use them, or any text associated with them is not allowed without a license from the people who own them.

If you drew a map  yourself but it is recognizable as a D&D map, that is called fan art. It is legal if you made it for yourself or give it away to friends. The minute you start charging money for it, it is illegal without a license from the company who owns D&D. If you have been here 2 1/2 years, you should know that by now.

You are lucky they haven't pursued  you in court. The punishment for copyright infringement is up to a $150,000 fine and/or a year in jail. The punishment for trademark infringement is up to $250,000 fine and/or five years in a federal prison. 

If Etsy has closed this store, they will close any other store you try to open. I don't know why they didn't close your other store. Usually they close all stores associated with the account of the one that was closed.

It is usually their policy to not answer you when they have decided to close a store for whatever reason. But you can try responding from the I Still Need Help link in their original form letter, and if you are persistent, a human may eventually answer you. Don't open a new inquiry, or they will close the first one, and consider it a new problem, and you will get another form letter.

[TavernMiniatures]

Thank you for your response,

The items in question bare no resemblance to anything copyrighted by wizards of the coast.

I believe now the issue came from using the term "D&D" in the title or description.

I have removed all instances of trademarked terms from all listings entirely and we'll see what happens...

[TailoringByDebra]

I love your shop and don't even play D&D. Had no idea it had evolved so much over the years. Spent a few minutes looking around online and found info that might apply to you, like this one run by lizerbramlaw.com:

"This requires a bit of explanation. WotC wants to encourage D&D enthusiasts to create and sell products that fit within the game – within certain limits. Those limits are defined by WotC’s Open Gaming License (“OGL”). This link directs you to the most recent version of the OGL. If you want to create and sell content within the D&D universe, you must obey those rules. You are strongly advised to read that document."