I just got so confused why my handmade plush is involving IP.
Back to mid Aug, I got the red banner, mentioned 3 of my listings are involved IP violation. I checked my email & inactive listings section right away... and guess what ?! No notication! I go checked with Etsy rep, clarified and they came back: "Thanks for reaching out about the banner you're seeing in Shop Manager in regards to listings removed due to intellectual property infringement. We're currently experiencing an issue where this banner appears to some sellers after the intellectual property concerns have been addressed. If you see the banner and have not received an email alerting you to a recent intellectual property claim made against your shop, please disregard the banner. I can assure you hat everything is fine with your listings at this moment."... I was clarified few times more and make sure everything's fine under my shop.
And T.O.D.A.Y., I received exactly same banner that was pretty made me in a shocking mode. I sent the enquiry and Etsy rep is yet to reply. I did the same thing again.. checked my email mail, checked the inactive listing section.. same result - no notification I ever received.
So I'm writing to Etsy and hopefully they will check in backend and make sure the system is running ok. No kidding, I was in minor heart ache everytime when I see the red banner. Not only bcos it's my full time job, plus, everything there is handmade, so what IP policy I do really involve. And, it's an ERROR, So frustrating! :'(
They're handing out IP infringements left and right around here!
And you can get everything right in your shop and it might still happen to you because of a fraudulent DMCA report from someone who is targeting the best selling listings in your niche and trying to take them down to lower the competition.
True story.
Welcome to the wild, wild west (a.k.a. Etsy 2024)
Hello all! Etsy replied that’s an error so case closed ☺️
I'm pretty sure that Pocket Pet is trademarked. I didn't look any further in your shop.
Things are changing pretty fast around here. It's possible that they might be working on a new IP program that isn't rolled out yet.
First thing I would do is remove any brand name that you do not own, or have not purchased the rights to use.
I think there's a difference saying case for/fits *TMed product * and *TMed product* case but not sure that I expect Etsy's bots or the TM holders bots to always make the distinction. Then you are stuck trying to clear things up. With Etsy's bad resolution portal it really sucks.
Even if nothing was removed I would want to know 100% that Etsy didn't black mark your account.
The problem is you are using brand names in your titles and descriptions. It doesn't matter that it fits that phone or device, Samsung and Apple don't want you to use their names in association with your products.
Either remove those names from your titles, tags, and descriptions or risk losing your etsy shop and not being able open another.
@litfurries: There are several other reports in this forum about the banner being displayed in error. Whether or not some errant black mark is also made against you in error we don't know - and likely anyone you reach in support initially will not know for sure either.
How you word things does matter, as @hopeandjoystudios points out. If you are selling phone cases which you make, calling it "Samsung Galaxy Case" implies that it was made by Samsung and therefore is either a counterfeit item or you are reselling. "My Case for Samsung Galaxy" may be all right but Samsung can still come after you for using their trademark without permission (if you do not have a license), particularly if you do not include all the disclaimers and attributions, for example '"Galaxy" is a trademark or registered trademark of Samsung Electronics Co.,Ltd.'.
As an aside, you might want to be careful about the mystery bags you sell because they do not appear to comply with the requirement that "we require sellers to use original photos of the actual product buyers will receive" [emphasis added] https://www.etsy.com/legal/policy/listing-image-requirements/253962679005 Several other sellers have reported deactivations of mystery boxes.
Thanks for this, @BagmakerSupply . I saw the red banner today from an IP issue that was resolved a year ago. I agree that while we do know the red banner is an errant repeat for some sellers this week, we don't know if the error impacts the shops. No way to tell.
They're handing out IP infringements left and right around here!
And you can get everything right in your shop and it might still happen to you because of a fraudulent DMCA report from someone who is targeting the best selling listings in your niche and trying to take them down to lower the competition.
True story.
Welcome to the wild, wild west (a.k.a. Etsy 2024)
Hello all! Etsy replied that’s an error so case closed ☺️
I see 1 item that immediately make me pause.
You are selling a mystery bag. That's not permitted. You have to show EXACTLY the item that the customer will receive.
I got caught on that, in a slightly different way. I used to show a perfume rollon but indicate that you could also get the 4oz spray. I didn't show a bottle of the spray because it was (and still is) made to order.
well, someone sent me a NAD, and Etsy refunded out of my account. So I immediately did new listings showing bottles of the 4oz spray.
frustrating, but I get their point...somewhat.
you do you. I'd remove them.
I looked at a couple of the Airpod related listings.
Apple has strict rules on how its trademarks can be used, which include the requirement of a declaration that the trademark is owned by them. Your listings don't have this, nor do they actually mention Apple at all.
https://www.apple.com/uk/legal/intellectual-property/guidelinesfor3rdparties.html
So Apple could indeed have grounds to demand their removal for trademark infringement.
Google, Sony and all the other trademarked brand names would have similar usuage requirements - some may not allow sellers to use their trademarks for commerical products at all.
I received a strike on one listing for unintentionally using a key word that was not allowed and I fixed the issue and even deleted the deactivated listing. This was years ago. I still occationally get a red banner on my listing page addressing this as if it was happening right now! Like an eco from the past! They need to fix this. It happened today!