Deactivated Listings

[BeachCityBoutiqueCo]

It's been a month since Etsy deactivated my top sellers. The email contained no details. There were no copyright issues. Just a system glitch I was told by one support person. I have called at least 5 times, cases have been marked urgent. The cases in my help portal are closed with no responses form Etsy. I have never received an email or call form a higher level tech support.  I am unable to list items without them being automatically deactivated. I also cannot modify listings without them automatically being deactivated. Anyone else having this issue? This is a really bad time of the year for technical issues. 

[PlatypusDream]

Reading your shop announcement, you mention MANY famous brand names.  

"A Thousand Wishes, BBW Type - A sparkling wine scent with whispers of wild jasmine and peony with base notes of amber sandalwood and musk. I am not affiliated with Bath and Body Works."

"Alkmaar Type - Described as a "sensual" scent, this fragrance offers a subtle yet complex blend of jasmine, vetiver and honeysuckle. Interpretation of Alkmaar by Lush Cosmetics. I am not affiliated with Lush Cosmetics."

"Baja Cactus Blossom, BBW"

Are you using other famous company's names or scents to sell your products?  It is not legal to do this, as you would be producing counterfeits.

Rewrite everything and take out any reference to the famous brand and scent names.

[BeachCityBoutiqueCo]

Even if you add type and state you are not affiliated that is not acceptable? 

[BrickHouseFabrics · Accepted solution]

Yes, it is infringement as you are using them as a spring board for your items. 

[PlatypusDream · Accepted solution]

@BeachCityBoutiqueCo 

Start here: https://www.etsy.com/legal/ip/

then here:  https://www.etsy.com/seller-handbook/article/what-sellers-should-know-about/1001670906424

then go here:  https://www.etsy.com/seller-handbook/article/intellectual-property-infringement/22398703823

Also:  

https://www.etsy.com/seller-handbook/article/example-of-etsys-response-to-repeat/1006755307342

[BeachCityBoutiqueCo]

There isn't much I can do to update the rest of my shop as they become deactivated once set up. The email sent to me never listed copyright issues. Once of the support ladies stated it was some type of glitch on the back end. It's been a month with no repose from the technical team.

[PlatypusDream]

@BeachCityBoutiqueCo 

There are other sellers in the Forums complaining about automatic deactivation with designer / brand names.

If you think it is something else, all you can do is continue to contact Etsy for answers.

[Spellbinderie · Accepted solution]

@BeachCityBoutiqueCo 

Sounds like the support person was wrong.

If you are using brand names to sell your items, you risk having listings deactivated. Brand names are trademarked, using inspired by, similar to but not affiliated will not get around the trademark issue.  The links provided above explain that.  

[FaeMacabreoddities · Accepted solution]

Similar issue. My best items keep going to 'inactive' every day. I keep having to renew them, costing .20 each time

[AnniebelloPaper]

@FaeMacabreoddities don't keep relisting them. Find out from Etsy why they are being deactivated. Relisting is just costing you money and could result in your shop being closed.

[BarkingRockJewelry]

https://www.washingtonpost.com/politics/2021/09/30/tech-companies-face-another-liability-threat-this...

It looks like the days of "safe harbor" are numbered, and Etsy knows it.

[steelhipdesign]

Yay!

[AnniebelloPaper]

@BarkingRockJewelry and it would be so easy for Etsy to clear out the big name counterfeiters.

A Disney license is out of reach for most 'handmade' sellers. And you have to pay a separate amount per character, per item. As well as provide max profits and quantity sales. If Etsy targeted 'handmade' listings instead of vintage ones, a lot of counterfeit sellers would go. 

On digital listings, Etsy has a box you must tick saying you own the rights to the content but there's nothing on any other type of listing??? So they can do it. I guess they will try to make as much money from counterfeit items before they are forced to close those shops : (

[BarkingRockJewelry]

I believe it all comes down to what the legal team advises.

Safe harbor = don't touch a thing, or etsy might be liable.  See nothing, do nothing.

Potential new law = take down everything and anything that might be construed to be counterfeit. 

Which is exactly what appears to be happening, at least with vintage.  I'd surmise there's a lot of behind-the-scenes wrangling about how the new law-to-be applies to handmade.

And, of course, as you've mentioned...there's lots of profit to be made before the dust settles.

[NixAeterna]

"...It looks like the days of "safe harbor" are numbered, and Etsy knows it."

Oh yes indeed, expect to hear a lot more about the EU's Digital Services Act in the next 12-18 months. If the French government gets its way, then Etsy (and others) will be liable for the legality of all items listed on their platform(s).  Josh Silverman himself has written to the EU about it -  https://medium.com/etsy-impact/eu-digital-services-act-creating-a-framework-that-protects-consumers-...

[Spellbinderie]

@NixAeterna @BarkingRockJewelry 

Etsy is very concerned of course -- they started privately contacting sellers in the EU this summer (me included) to raise awareness on the issue that if the stricter version of the regulations goes thru, the one the French gov't is championing which requires spot checks & items being approved before going live on the site, costs to sell on Etsy will skyrocket.  

I'm all for stricter regulations and more liability for platforms like Etsy and maybe pre-approval will be the only way to go but spot-checks, no thanks. And I am concerned about the costs.  Will be interesting to see how this turns out.

[JewelryBygones]

Etsy please help Sellers with this reoccurring problem. Times are tough...and not only are sales slow but up to 50%+ of listed items are immediately deactivated.

[CuriousityShop]

Etsy does not monitor the forums. If you want to send Etsy a message you have to go through the "Help" menu.

[AngelFaceDesignz]

Hi , one of my listing was deactivated. Everything in my shop I handmade myself. The mirror compact they deactivate had the word bride on it nothing else. I really don’t understand. I try to reach out but can’t get a correct answer. 
I’m getting impatient and about to do a website. 
any answer. 

[WhiteHorseColorado]

Trademark infringement is NOT the issue! The glitch in the system is randomly deactivating listings. I'm on my 3rd go around with this issue and NO ONE at Etsy cares enough to address it! My listing are all fairly generic and don't mention brand names. Support has told me 3 times it is a problem with the system, they fixed my listings and gave me credit for 97 listing fees only for it to happen again. Now I'm in the middle of the 3rd time, and support is non-existent!

[RosebudsnPearls]

Exactly!  I fortunately have not had that many items deactivated, but the ones I have had removed were ridiculous...they contained the word “ amber” referring to the color of the glass...they refused to put it back in my shop...then two days later, I saw it was returned to my shop.  I got No explanation, which is really stupid because how can we fix it if we aren’t informed about what is wrong.  So I went through every listing in my shop and changed all the “amber” to, umber, ochre, dark yellow... still removed a listing that I had changed from amber, to umber...so sick of it.

i contacted Etsy help ( what a joke and a lie) and asked them to address it because it’s bordering on harassment of their sellers...we shall see, but I expect zero response.

[hopeandjoystudios]

@RosebudsnPearls I think listings even if updated may still hold onto some of the original data. The only way to 100% end run it would be to start with a fresh new from scratch  not copied from anything listing. I think maybe it is a built in thing to keep people from adjusting a deactivated listing by just adjusting one problem word (but keeping the IP infringement or prohibited item or whatever) . Not that your item is prohibited, but the etsy bot has attached prohibited status to the word amber when it should only be "botting" amber beads under a certain size in a particular format like a teething necklace. "ghost data" if there is such a thing.

[ParrisJewellery]

Hi there, I am experiencing the same issue. Any time I touch any listing in my shop it is deactivated by Etsy. My items are handmade by me and not branded in anyway. I have emailed several times to Etsy help. All I keep getting are automated responses that do not help me at all. I am in the UK. There does not seemed to be a way for me to get hold of an actual human being on the phone or a live chat option. I have tried calling the (844) 935 3879 number in America, but its just a message saying they don't take incoming calls. I'm avoiding touching the shop, but have yet to see what happens when my auto renewing items come round to renewal date. When the time comes will they too be deactivating? Basically gradually emptying my shop. It sounds like you've had a nightmare with this (several times!). I'm at my wits end. If there is anything you can suggest I could try I would be very grateful. I hope you managed to yours sorted. Many thanks

[KickbackCustomDesign]

I find I have edited a few to add some sizes and getting automatically deactivated.  I wrote support and it has been a month and no response yet.  Really annoying as want to sell some stuff for holidays. One thing I noticed was that I had "Adidas" in my title and description .. I took that out and reposted new listing and didn't get deactivated. Just did this to an existing one that was active the whole time and it got deactivated! I believe it is because I had the name Angelus in the description, which I was showing the brand of paint used to make the item. Come on Etsy!

[FeltCuteCreationsCo]

Just wanted to add that I am currently going through this. ALL my listings have been deactivated by Etsy, they were not new, and very generic ( as in a felt donut set I sewed myself). I had a small outstanding balance that I paid, and then noticed these issues afterwards. I have contacted Etsy with no reply yet.