Account shows permanently suspended but I have no idea why

[k5kt078h9lko4siz]

Hello, 

I have been selling on Etsy for a couple of years now and never had any issues. I tried logging in today and it says my account is permanently suspended. I have no idea WHY. I have not received any emails why, In fact last week i got an email saying I was on my way to becoming a star seller. I cannot get to my dashboard, cannot see my product. It says it will take two weeks to get a reply. I cannot find any way to call or contact support. I filed an appeal, all it says is that it will take two weeks to get a reply. but I have active orders. This is tarnishing my reputation as a seller and if I knew the Etsy had no way for sellers to get support I would never have started selling on here. This is unbelievably awful for seller support. I have never encountered anything like this. 

[k5kt078h9lko4siz]

my accounts name is GiftedResearchGroup

[UniqueGiftOrnaments]

@ VComics   What were you selling?

[nineteen27]

it was probably because of the way you listed your swiffer products.

trademark confusion.

[k5kt078h9lko4siz]

Are you able to see it still I can't find my post or anything? People sell stuff that relates to Swiffer not sure why mine would be different. 

[nineteen27]

@k5kt078h9lko4siz 

i can only see the cached version here:

https://webcache.googleusercontent.com/search?q=cache:X82ca_Wgl-wJ:https://www.etsy.com/uk/shop/Gift...

and i am only guessing to why you were suspended.

it could be something else completely.

but usually when it happens that fast... it is some kind of infringement.

and etsy does not even have to tell you the reason why the shop was closed.

it sucks but it is true.

[Amaradorn]

Yes, that's my guess too. Swiffer Sweeper Handle Adapter = using a registered trademark without permission form the IP owner.

Etsy should send an email with the details of the IP holder but I think they are a bit slow.

[PlatypusDream]

If you have two shops, you MUST declare each in the Public Profile section of EACH shop.

It does look like your other shop has been permanently suspended, as it does not come up in search at all.

Something to do with SWIFFER?  It looks like you had 43 sales of a Swiffer handle.

Did you have legal permission to use their IP?  Any items you made would be considered illegal counterfeits unless you obtained legal licensing to use the company's name, logo, or product.

https://www.etsy.com/ca/legal/prohibited/

"Unauthorised replicas or copies of items, and patterns or designs enabling their creation, are prohibited on Etsy. We consider counterfeit or unauthorised goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent."

[k5kt078h9lko4siz]

I wish if there was an issue then why wouldn't they email me first so that I could try and resolve it. This does not make any sense. 

[PlatypusDream]

@k5kt078h9lko4siz 

Some companies act VERY swiftly to protect their Intellectual Property.  Others do not.

You were the "lucky" one that got shut down quickly.

It is up to you, the business owner, to operate within the confines of the law.  Perhaps you could have actually obtained permission to sell the adapter.  You could still try, if they aren't planning to sue you.

[k5kt078h9lko4siz]

I am not duplicating or replicating or pretending it to be something. this is a unique product that i made. 

[PlatypusDream]

@k5kt078h9lko4siz 

You were using the name, image, and logo of THEIR product, which infringes on their intellectual property.

https://www.etsy.com/seller-handbook/article/the-ultimate-guide-to-intellectual/22398703823

You should talk to a lawyer - they can explain it better than I - or anyone else - can.

[PlatypusDream]

https://trademarks.justia.com/866/80/swiffer-86680762.html

https://www.swiffer.com/en-us/contact-us

@k5kt078h9lko4siz 

There is literally NO USE arguing with other sellers in the Forum over this. We can do nothing for you.

You need to work this out with SWIFFER itself.

[k5kt078h9lko4siz]

Thats dumb if they are going to suspend me if I used Swiffer in the name, that's like making floor mats and using the car company name. 

[Adorabilities]

Usually, if a company allows use of their name at all, you'd need to use wording that shows the product isn't actually made by that company. So you might be able to say "fits Swiffer type X"  but not call it an actual Swiffer product. 

Each company will have their own rules, of course. 

[Amaradorn]

@k5kt078h9lko4siz The after-sales market for car parts has rules which need to be followed as well and there are often trademark infringement cases with those too.

[AAANativeArts]

@k5kt078h9lko4siz

Using car company names on floor mats is also illegal if you don't have a license to do so.

The penalty for Trademark infringement is up to a $250,000 fine and/or five  years in federal prison (no parole) for a first offence. They can seize all your computers as evidence and take anything  you may have bought with your ill gotten funds, just like they do with drug dealers.

You better hope taking down your Etsy store is all they do.

I show your other store VComics is still active with one product. Probably because you did not declare it on the other store. But I would look for them to close that store, too. When they ban you, you can never have another Etsy store.

If your store was taken down for trademark infringement, there is nothing you can do to appeal it, other than work it out with the trademark holder and get them to remove their claim with Etsy, which I doubt they will do.

[TastefulArtisan]

@VComics

"making floor mats and using the car company name"

Not exactly. I have a Mercedes. I love my floor mats properly bought from MB but if I were to make my own and try to sell them, both the name Mercedes-Benz AND it's 3 point logo is trademarked. (assuming since I've never actually looked)

So it's not really the same thing but rather the same result.

Trademark infringe = lose your shop and be happy it wasn't everything you own since those companies have more money and experience defending their carefully constructed trademark.

-Maria

[k5kt078h9lko4siz]

Its like if you made a product like a trailer hitch, that fit different trucks. 

[TastefulArtisan]

Again, not entirely true. 

Yes, you can design and make a trailer hitch that would fit different models. 

You can't just use Dodge Ram Big Horn Edition to sell said trailer hitch. See where I'm going?

No one said you can't sell that thing here but that you can't use a trademarked name.

[k5kt078h9lko4siz]

or a child proof lock for a door handle

[TastefulArtisan]

You keep arguing your point like that is going to change a single thing.

The facts are what they are. You used a well known trademarked name to sell something you designed for that without the permission of Swiffer to do so.

Contact Swiffer, maybe they will buy the patent from you if you have a patent for the handle thing or whatever it's supposed to do. I don't use a Swiffer and neither does my housekeeper so that part I can't comment on as to it's viability or how appealing it might be to Swiffer themselves.

*shrug* 

You do you. It's clear you have made up your mind to defend your position and seem to want nothing but consoling but we are all other shops, not employees of Etsy so your arguments are wasted here. Best to take them directly with Swiffer.

Best of luck!

-Maria

[FallenAngelBrass]

Some of Etsy's intellectual property guidelines. Etsy has been cracking down lately on sellers who have sold many items that really should have been taken down a long time ago.  

"Etsy can’t speak on behalf of the intellectual property owner (or their authorized agent) regarding why your content was identified as infringing or how to resolve the issue."

[k5kt078h9lko4siz]

I am adding something onto their product, not selling their product, copying it, or changing it in any way. 

[UniqueGiftOrnaments]

@k5kt078h9lko4siz    Doesn't make a difference. Your are still using the product in one form or another.