Account shows permanently suspended but I have no idea why

[#1]

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. 

[AAANativeArts]

You can't even use Swiffer as a tag, let alone a picture.  Your header picture clearly says Swiffer on it. Had you chose to show a generic mop without their name, you might have gotten by with it. But with their name clearly emblazoned on your header, you don't have much of a leg to stand on.

Your ignorance of the law is not a valid excuse for breaking the law. It is  your responsibility to do due diligence to understand the various laws that might affect your business, before you start your business. Had you bothered to read the Etsy Seller's Handbook, which every seller should read from cover to cover at least once before opening a store, Trademarks are clearly outlined in it.

Etsy will not correspond with you further if the issue is a trademark violation. They will tell you your store is closed. End of discussion.

[CatsBeadKitsandMore]

@k5kt078h9lko4siz , the product you made is not the problem. It's the fact that you used their name (swiffer) and image. It's illegal to do so without a license. The trademark holder did a sweep of etsy and caught you. They reported you to Etsy who had no other option then to close your shop or they'd get in trouble. (safe harbor)

[NanaLetha]

@k5kt078h9lko4siz  - You can't say Swiffer or if you make car mats you can't mention the car name. That's the way it is with trademarks.

[Amaradorn]

I suggest you go and learn about Intellectual Property, in particular registered trademarks - what they protect and how they work.

[Smudgekitty]

@k5kt078h9lko4siz   Some companies will allow you to use their name *in a certain way*.  Like:  doohickey fits brandname.  Saying brandname doohickey makes people think it IS  a brandname doohickey, not just a doohickey made to fit it.

It is important to verify with companies before using their name in any way.

[k5kt078h9lko4siz · Accepted solution]

SwIffer Sweeper adapter moving to eBay damnit. 

[Amaradorn]

@k5kt078h9lko4siz The Procter & Gamble Company will find you there. 

[dayspringcollectible]

The same trademark rules apply no matter what site you sell on, or even if you sell on your own website.  Using another company's name or likeness in any way to sell your product is infringement.  

Some companies will give permission to do so, some will sell you a license agreement to sell your product.  But most companies don't do license agreements and if they do only have such agreements with very large manufacturers who can promise large quantities of the product for nationwide sales along side of their product.

[GieseDeseiGns]

Its trademark law not just Etsy. You will have the same problem where ever you sell.

[AAANativeArts]

You will eventually get caught over there, too, if you continue to infringe on their trademark. It is likely next time they will just press charges and take you to court.

[CreativeARTifacts]

Why wouldn't you use generic "handle" and leave off the word Swiffer?  I don't think a Swiffer handle is any different than any of my other mops, and you could expand your market.  I buy knit covers for the floor piece but they are different sizes, so it's specific to size. 

[AAANativeArts]

We aren't moderators, we are other sellers. I don't think we are being nasty to you, just stating it like it is.

Etsy doesn't take anything down until they get a complaint from the copyright or trademark holder on a specific form. Then, by law, they are obliged to remove the offender.

If you infringe a copyright, they will usually give you a few chances before they ban you and just remove the offending item. But it is another story when your whole store is based on a trademark that does not belong to you.

Trademark infringement is more serious, and there are usually big powerful companies with a whole team of lawyers on retainer behind trademarks.

Most large companies have a whole department of people who make sweeps on various marketplaces looking for violators on a regular basis.

Etsy has to follow the law within a time frame, or they will be liable, too. So they often act more decisively with Trademarks. 

[Amaradorn]

You have a great little product - the problem is how you are marketing it and the words (and logos) you are using. Try selling it as a generic product as @CreativeARTifacts mentioned, without using the SWIFFER brand name or logos. You can say it fits a popular dry floor sweeper and that's about it.

[k5kt078h9lko4siz]

PS people that use innuendos think they are being clever and instead are just shallow and transparent. 

[VintageRescueSquad]

Here's the deal: IP holders need to contact etsy for each listing they want taken down. They can't just say "take down all Swiffer items" or the like. You don't know how many others have been taken down or when.

Then, etsy has to act on it. They are supposed to send you an email. Then you work it out with the IP holder. Etsy will not give a chance to alter the listing, or explain why or what you did because they are adamant about not giving any business advice.

And it is not an etsy rule; these are trademark laws. If Swiffer is the reason you got shut down, they will find you on any other selling site. Use generic terms, or ask them how you can use their name and images.

[ElvenstarDesign]

Hopefully etsy respond to you soon. It is odd they didn't tell you why in an email.

If it was because of  the word "swiffer" then you can usually resolve it. 

But I do wonder if you are allowed to use the name for describing your product, depending on the jurisdiction It could fall under 'FAIR USE'   

For example: Use of the GILLETTE trademark by a third party, to indicate that its blades are compatible with Gillette’s handles, will not infringe Gillette’s rights, even though the blades are an essential part of the Gillette product (razors) and not a mere accessory. In order to be non-infringing, however, the use must be necessary to indicate the intended purpose of the product and must be made in accordance with honest commercial practices.

Good luck  

Moderators tend to lurk in the forums and don't actively participate unless pasting some reminder rules, try opening a ticket with etsy and see if that gets you any response sooner.

[WalltoWallWoodworks]

Someone needs a nap! Did not get what he wanted and now is having a hissy fit. Well let him go do it it his way. I had a wise Uncle who would ask me "how's that working out for you" any time some calamity had befallen me due to some stupid decision I had made. So let him move it to Ebay and when a lawsuit gets filed  against him he will still blame them also. Some folks refuse to except any blame for errors or mistakes they have made. " But officer I was going 75 in a 55 zone and people were passing me, why didn't you get them? "  You got caught remedy your product or face the consequences it can get much worse.

[TastefulArtisan]

@WalltoWallWoodworks

" But officer I was going 75 in a 55 zone and people were passing me, why didn't you get them? "

That's my argument every time! 75 in a 55 is pretty normal here but it's still illegal.

I once mentioned to a pull-over that he had passed me a few miles back going faster than I was. He was so amused that he actually smirked.

Then gave me a warning with the reminder that just because every other car was going faster than my 87 in a 65 does not mean that I can do it too. I may get away with it but it's still illegal.

Usually the pulling-over officer shakes his head and walks away which is just what I'm doing with this thread.

I think the OP has left the room...

-Maria

[LeaDoreen]

I got same problem after i made first sale.

And don't know if they will block me here