Best selling product is off the list / Great injustice

[ZONEEPIC]

My best-selling list, which I've been listing for a long time, has been disabled. The reason given is a complaint under the guidance of intellectual property rights, which is slanderous in nature. Upon investigation, I found that the complainant tried to sell my exact list on a Russian e-commerce site. Not only that, but almost all of the products in their store are from lists of stores selling on Etsy. Even the photos are the same.

The complainant's store was established only 21 days ago, while my list, which includes years of work including modeling and designing my products, has been the reason I haven't received a star seller badge since my store was established. I am incredibly saddened that it has been removed.

In the email I received from you, it stated, "We have carefully reviewed the reports and removed these lists from our market." It may have been overlooked that the complainant's store, which was newly established, copied my 2-year-old list. Remember, I am an honest seller, and I earned my star seller badge through the quality of my products, customer satisfaction, and shipping diligence, and I make my living from these sales.

Finally, when you look at the complainant's store, you can see that they have added their products not only to mine but also to other stores on Etsy.

Please reactivate my best-selling ghost mask product? Thank you.
Complainant's store [This content was removed by moderation - Please do not share potentially unsafe links/websites]

The date I listed my product and customer satisfaction reviews are attached. The product that has been delisted was added to my store in 2022. The complainant's store, on the other hand, was added a few days ago.

[Removed by moderation]

[AutumnHollowStudio]

Did you buy a license from the IP owners of all that video game / television merchandise you are selling? If not.... then your shop is filled with items that can't even legally be sold here.

[JJewellerySuppliesUK]

You are not speaking with Etsy, this is a forum of other sellers only. 

You should reply to the email Etsy sent you and attach your evidence. 

[CryzalisDesigns]

Activision Publishing Inc owns the trademark and only they or their lawyers could have issued a take down with Etsy regarding your listings 

If you purchased the licence from Activision Publishing Inc to make these items and it was not Activision Publishing Inc who contacted Etsy, then you have to get your lawyer to file a case against the complainant for filing a unlawful trademark take down notice, as this is also against the law

[nineteen27]

so wait.

both of you are making and selling...

someone elses intellectual property.

if you both went to court to sue and counter-sue each other.

you would both lose.

this is not a technical issue.

it is a legal issue.

[CryzalisDesigns]

Also remove the link to the Russian site, it is a scam site who scrape many market places and sell the items which they do not have access to for 10% of the actual price or less.

[AVAArtsSupplies]

Tell them they need to be licensed by Activision just like you are. Maybe they need help with all the upfront paperwork and whatnot. 

[Natalya1905]

"Please reactivate my best-selling ghost mask product? Thank you."

This is a forum. We are sellers and can't de- or reactivate anything. 

Right now, you have "Tyrion lannister Statue" listing with "Peter Dinklage" tag. Do you have a license to sell it?  

As for the other shop you linked, it's a marketplace in .RU domain. 

[BagmakerSupply]

@ZONEEPIC: If you took the pictures that were stolen, then you own the copyright and need to file a DMCA take down with the site to protect yourself. Copies of the claims can also be used to bolster your case with Etsy.

However, you also need to include the licensing information for all of the trademarked and copyrighted names and images in your shop in your listing, otherwise buyers (and Etsy) may conclude they are counterfeits. And a buyer could file a not as described case against you and both get their money back and keep the item. Including the licensing information will show that you are not selling those items illegally.

If you do not have permission, you should be much more concerned about the intellectual property owner showing up at your door with a court order to confiscate EVERYTHING that was used to create, manufacture, and or market the infringing items.

Not to mention the legal fees and fines that you could be liable for.

Plus we are not supposed to help shops that are breaking the law or Etsy rules.

[Amaradorn]

This thread might be of interest to you: https://community.etsy.com/t5/Managing-Your-Shop/False-copyright-infringement-claim/m-p/145095533#M1...