Cosplay Weapons/Props Kit

[TheSolemnace]

So I'm trying to post 3d printed Kits for unassembled fanart cosplay props/weapons such as a Thorn from destiny 2 but with a different skin than other people already selling the same thing on etsy. Mine also come unassembled and printed with clear PLA but it keeps getting removed for apparently not complying with etsys weapon policies and i dont know how to stop this and im afraid if I try to post another cosplay weapon I will be perma suspended. Anyone familiar with this problem and if there is a solution? I've tried contacting etsy but they just tell me to look at the policies and to reply to the noreply email that told me my listings were removed, which i did and google said its not an email so idk what to do.

[UniqueGiftOrnaments]

Well, do you have permission to make items inspired by Destiny that is trademarked?

[TheVintagePineapple · Accepted solution]

The reason (or reasons) for the removal will probably be found here:

Weapons - Our House Rules | Etsy

Your weapon may come unassembled, but the main photo you're using most likely shows the finished product.  That, along with the infringement, could be why your listings were removed.  

[KellysMagnets]

It’s not fan art if you are selling it. So you need permission from the rights holder before you can sell. 

[TheSolemnace]

it says removed because of weapons policy, and other people have been selling the same weapons on here for a while so its not copyright.

[TheSolemnace]

it says removed because of weapons policy, and other people have been selling the same weapons on here for a while so its not copyright.

[NanaLetha]

You got caught and the others did not. It’s trademark infringement not copyright!

[TheSolemnace]

but it would tell me if thats what it was? Why would it say weapons policy and etsy tell me its because of their weapons policy? whats going on

[AAANativeArts]

Lots of people break all kinds of rules and laws. It doesn't mean you won't get caught when you do it, and the fact others are doing it is no excuse, either with Etsy or a court of law.

Trademark is a law, punishable by a fine up to $250,000 and/or FIVE YEARS in a federal prison.

Etsy does sometimes inforce their rules. If you are the one caught today, someone else will be caught tomorrow, etc.

[TheSolemnace]

Etsys got shooters on here or something, nowhere has etsy said it got removed from trademark/copyright. As i said it was because of their weapons policy and they have told me this in emails but won't help me with a solution to this. I just wanted to know if there was a solution to this as other people have been selling the same things for a while. There is no reason Etsy would not just tell me it could infinge on copyright/trademark material so they removed it, I would easily accept that.

[TROPICALBREEZECANDLE]

Etsy doesn’t even need to tell you why it was removed. There is no solution other than do not list it. Just because others are doing the same thing doesn’t make it right or legal, you just got caught.

[BagmakerSupply]

@TheSolemnace: Even if Etsy did (incorrectly) remove a listing only for a violation of their weapons policy, that does not make the item Etsy legal. As a rule, "inspired by" or "fan art" is not a defense for intellectual property infringement, particularly trademarks. Plus based on reports in this forum, the stated reason for deactivation may be 'inaccurate' and could easily consist of multiple reasons.

It is almost impossible to speculate on why a particular listing was deactivated, but Etsy is cracking down on what they feel inappropriate. Prohibited items, reselling and copyright and trademark infringements are always large factor. Since Etsy is now also factoring descriptions in search, they along with titles, tags, and materials (and possibly even alt tags if you are using them) are all probably being checked. And the bots are also "reading" images. Plus we do not know what combination of possibly multiple factors constitute the trigger that flagged your listing.

Without getting into a discussion of what is fair or right or if your listing should be deactivated, the fact that there are other shops selling similar items it only means that they have not been caught yet, or those listings may not contain the same trigger that snared you. Additionally, we will not know how many other listings were deactivated using the same trigger - only those that appear to not have been.

[ThePurplePuppy]

@TheSolemnace 

OK--maybe you can understand it this way with an analogy:

A cop pulls you over for speeding and gives you a speeding ticket--however--you have a serious amount of illegal drugs in your car. He does not search your car and lets you go.

Even tho you got caught for speeding but did not get caught for the drugs, that does not mean it is now legal to carry/transport drugs in your car.

IT is the exact same with your listings--even tho you got caught for the "weapons" reference and not the trademark s does not mean if you figure a way around the weapon thing you can still keep on violating their trademark. This is not an "Etsy" rule--it is the law!

Just because others are getting away with it does not in any way make it legal.

And no, Etsy will not "tell" you--you agreed when you signed up not to break any laws--you are already supposed to know them. There is an old old saying
"Ignorance of the law is no excuse".

ETA: @BagmakerSupply  Again--you type faster than me. Well, heck, everyone types faster than me!