Deactivated listing due to alleged counterfeit

[carenrbrock]

Do Etsy mods every come in and respond or just sellers/buyers ? Because I created a listing and soon as I published it, an Etsy bit deactivated it. And I’ve been reading through all the complaints about this, has anyone gotten their new shop reactivated after being reviewed for alleged counterfeit? I sell Shea butter, brand is Kushkie Beauty. Has nothing to do with weed. No where in my listing did I state anything medicinal. I went back and even closed that shop; reopened a new one with a changed name KB Butter, removed the words, replica fragrances from the listing, and I opened it as a business entity instead of individual. My listing was still deactivated. I wish I could upload the link so someone could tell me something. Etsy is absolutely no help and it’s so disheartening. We spend countless hours and our money to do whatever we need for the shop and instead of being able to speak with a human over the phone, we’re being subjected to emails and generic responses. I’ve decided to wait the 2-5 days for my review cause earlier I was tripping on customer service, probably emailed them 10 times. But what is going on with all these deactivations 

[hopeandjoystudios]

Your shop is closed?

[hopeandjoystudios]

Oh YOU closed this one.

[VINTAGEbytheMAGPIE]

Just sellers replying and forum moderators not Etsy customer support .

So Etsy think you were listing counterfeit goods so closed you down . You don't believe you were, CORRECT ?. heres a link to what Etsy says about thiswww.etsy.com/legal/ip 

For us to help identify where the  problem lies with your listings, we will need details.

Also opening another shop, when Etsy deactivated your listing in another ,  a big red flag and potentially part of the problem . 

If you have opened numerous support tickets , this may delay communication from Etsy support, because a new ticket closes the old ticket and you just end up further down the wait list .

[carenrbrock]

I know for a fact my products aren’t counterfeit. Kushkiebeauty.com is my site, my brand, my butter. I’ve had it for years. Using frangrant oils is no different than a seller selling the oils and listing them using the original name, correct ? Because I’m seriously trying to understand this. 

[carenrbrock]

Hello and welcome to my shop!

KB is about luxury and quality. It’s a product that was created to give you an hour lasting, lingering smell. My goal is to deliver a product that will turn heads and make you a repeat customer. This listing is for 8 ounce jars, 2 ounce multi pack of 4s, or bulk starting in groups of 8 at a slightly discounted price. All clear, glass jars with white metal lids.

I’ve selected 2 non diluted fragrant oils and mixed them together to create one jar of goodness. KB Shea butter is thick but very soft and easily spreadable. Time was taken to ensure a quality product was made that not only smelled good but also moisturizing for the skin. All Shea butters come in clear glass jars with white metal lids. The lids have a seal inside the caps to prevent the butter from touching metal. Each jar is piped by hand, so style may vary but it will be decorative.

The butter should be kept away from excessive heat or it may melt. You can resolidify the product by placing in the refrigerator but there won’t be a whipped look, however it won’t affect the scent.

Inside the jar: Mango Butter, Shea Butter, Vitamin E oil, Calendula oil, Jojoba oil, Almond oil, Tapioca powder, Colloidal powder, fragrance and mica powder for color (mica in certain scents)

Scents: All of these scents were created with non diluted oils. Each scent contains 2 fragrances to create KB scents.

Women
1. Baby 2: amber white/baby powder
2. Graffiti: pink sugar/escada
3. Boss chick: baccarat/Burberry
4. Miss Thang: flower bomb/escada
5. Gimmie Suga: escada candy love/Ariana grande
6. Her: Ysl/Burberry her
7. Sittin’ Pretty: Prada candy/escada
8. Tease Me : Chanel/jo Malone blush suede

Men
1. Late nights: one million/dolce and gabbana
2. He got money: creed aventus/baccarat
3. After hour: Chanel bleu/bond no. 9
4. Get fresh: amber white/creed

Unisex
1. Smooth: lost cherry/dolce and gabbana
2. Baby: baby powder
3. Natural: Shea and mango butter

Year around Seasonal
1. Pineapple Tree: pineapple fruit/Prada
2. Summer Candy: cotton candy/escada

All of these scents are available year around. I will add more seasonal scents that will be continuous as well.

I have a no return policy but I am very open to communication and if there are issues I’d like to resolve them. So if you find yourself being unsatisfied with a product, reach out to me and we will work something out. I will package the product properly to minimize heat exposure and will only ship Monday-Wednesday to ensure a timely delivery. However, I cannot control any usps delays but I will make sure to inform you if I know of any beforehand.

Thank you for shopping with me and I hope you return for more!!!

KB™ is in no way affiliated with the owners of the fragrances. The names and trademarks of the fragrances are the property of their respective owners. These owners are not affiliated with KB products or website and they do not endorse our product. KB is not to be misinterpreted for the original fragrance, product, or brand. All efforts have been made to properly identify and attribute trademarks or trade names to their respective owners whenever practical.

[PlatypusDream]

"replica fragrances"

You can't use famous brand names to sell your "replica" items. That would make them illegal counterfeit "dupes".

This is most likely why your shop was removed.

Etsy will continue to remove your shops when you open them, as once you are banned from Etsy ONCE, you are banned forever.

https://www.etsy.com/seller-handbook/article/22398703823

https://www.etsy.com/ca/legal/prohibited

[VINTAGEbytheMAGPIE]

@PlatypusDream  I missed the replica fragrance bit, now all is clear.

@carenrbrock  it is very unlikely that Etsy will reopen your shops, id recommend to making other plans.

Good luck 

[carenrbrock]

So then how are there millions of sellers selling oils labeled as Amber white, Pink Sugar, Creed Aventus, etc. ? Those are not the actual fragrances, they’re all replicated oils. When I redid the shop I removed replica, and just left fragrances 

[carenrbrock]

Here’s an example of my butter listings. My products aren’t named after the fragrance, but I list the 2 oils I used so people know what they’re buying. 

Women

1. Baby 2: amber white/baby powder
2. Graffiti: pink sugar/escada
3. Boss chick: baccarat/Burberry
4. Miss Thang: flower bomb/escada
5. Gimmie Suga: escada candy love/Ariana grande
6. Her: Ysl/Burberry her
7. Sittin’ Pretty: Prada candy/escada
8. Tease Me : Chanel/jo Malone blush suede

[TreeTreasuresCanada]

@carenrbrock   The names of the oils are problematic, e.g., Prada, Chanel, etc. 

[hopeandjoystudios]

Dupe fragrances are not illegal but  there may be a particular way you have to address using the name. I am so old I remember using those body sprays "Primo..smells like Giorgio..Eternity..smells like CK1".  As far as how you list them online when the brand name becomes searchable in a description then possibly infringement..not sure. Counterfeit would be if you named/ packaged your item to look like the original.

[audreytherese]

As for medical claims, I don't think many people understand how non-lenient Etsy is on these. If you even said something like shea butter will make your skin soft, they consider that a medical claim. As for it getting flagged immediately by the bots, we'd need more information to see if we can identify what was being flagged. Most of us have had items erroneously flagged and deactivated by the bots, only to get reinstated when a human looked at them. Sometimes you really do just need to wait it out (if I'm reading it correctly, you didn't).

As for the account, do you have the proper information needed to set up as a company and not as an individual? I'm just asking because I know sometimes that can be a little trickier. Most shops get suspended while they verify your information, and everything needs to match exactly in order to be cleared. 

[carenrbrock]

Yes, my business is registered in Michigan so I provided the identification number and my EIN. My first shop was listed as individual but I closed it to change words around and opened a new one under business. 

[VINTAGEbytheMAGPIE]

@carenrbrock  you are using known fragrance brand names in your listing. When you do this it is seen as counterfeit goods as mentioned in Etsy takedown notices to you .  This is why Etsy closed your shop . Id recommend taking a look at all the linked copy being offered here .

you say ...So then how are there millions of sellers selling oils labeled as Amber white, Pink Sugar, Creed Aventus, etc. They just havn't been caught yet. Just be thankful the brand owner didn't pursue you , as this can cost you lots of money and a criminal record in many countries. 

[audreytherese]

While the names used are probably what's flagging it, everyone else has that covered, so just noting that you also can't say this "Time was taken to ensure a quality product was made that not only smelled good but also moisturizing for the skin."

Moisturizing for the skin is considered a medical claim here. 

[nineteen27]

burberry.

prada.

dolce and gabbana.

chanel.

ariana grande.

you cannot use these names to sell your products.

[carenrbrock]

So how am I suppose to describe to a buyer what the butter consists of ? And how are people able to sell replicated fragrant oils using Brand names ?

[nineteen27]

your items are not made with ariana grande in them.

you will have to call them something else.

floral... woodsy...musky...fruity.

your disclaimer is not helping.

KB™ is in no way affiliated with the owners of the fragrances. The names and trademarks of the fragrances are the property of their respective owners. These owners are not affiliated with KB products or website and they do not endorse our product. KB is not to be misinterpreted for the original fragrance, product, or brand. All efforts have been made to properly identify and attribute trademarks or trade names to their respective owners whenever practical.

[carenrbrock]

@VINTAGEbytheMAGPIE I’m not using known brand names to sell my products, I am telling the buyer the 2 oils I used in the product, my butters are NOT named after the Brand Name. But okay. 

[VINTAGEbytheMAGPIE]

@carenrbrock Yes you are this is what you wrote ...

Women

1. Baby 2: amber white/baby powder
2. Graffiti: pink sugar/escada
3. Boss chick: baccarat/Burberry
4. Miss Thang: flower bomb/escada
5. Gimmie Suga: escada candy love/Ariana grande
6. Her: Ysl/Burberry her
7. Sittin’ Pretty: Prada candy/escada
8. Tease Me : Chanel/jo Malone blush suede

I think you misunderstand  the legalities here , so heres the link again to info explaining it https://www.etsy.com/legal/ip

[carenrbrock]

@nineteen27 Okay

[VINTAGEbytheMAGPIE]

the argument of why me and not them, doesn't wash here . You got caught , they havn't yet 

[carenrbrock]

@VINTAGEbytheMAGPIE @nineteen27 okay. 

[VINTAGEbytheMAGPIE]

@carenrbrock you came to this forum for answers we are trying to give you information to answer your queries. Arguing with your fellow sellers who are trying to help, explain and point you to relevant information, is counter productive and wont change the outcome for you and will potential make sellers think twice before trying to help you in the future .

Part of the contract which we all sign up for on Etsy states that we don't encourage or help sellers who are breaking the law or Etsy policy, of which you are doing both. You have been given much help and advice here, its now time to regroup and consider how to evolve your business and move forward .