Didn't Receive a DMCA notice via email

[BlingTheNorth]

I have had another seller copying all if my listings. I have come to realize that Etsy will do nothing about it.

Today this person had the nerve to have 3 of my listing removed via the DMCA process. Unbelievable really. The problem is that I didn't receive the emails from Etsy so I can't file a counternotice. I've looked everywhere... junk, spam, deleted... they just never came. Yes, my email address on my account is correct.

Can someone help me with this?

Thanks in advance

.

[brixiana]

I never heard of anything like that - and although I am unable to give any advice, let me tell you that I feel really bad for you.

I am having a much less problematic issue posting from Etsy to Instagram, and I am still waiting for an answer.

Plus my sales have been down by 2/3 since February (after 14 years on Etsy).

[BootifulLabels]

If you didn't receive any notifications or emails from Etsy about the removals, how do you know they were removed under DMCA rules?

[BlingTheNorth]

The listings are showing as inactive due to DMCA claims.

I can't reactivate them.

[Amaradorn]

I do wonder sometimes if Etsy are slow to send the emails but it doesn't make sense. You could contact Etsy support and tell them you haven't received the emails but don't expect a prompt reply (that actually answers your question).

If you tell us the titles and tags then maybe we can try to guess the reason for the takedown, however since it's copyright we would really need to see the design. It also does not help you if you can't negotiate with the complainant. Sorry I can't be more helpful. I hope you get it figured out.

[CuriousityShop]

I don't think etsy replies to anything on weekends or holidays.

[CraftyCornishMaids · Accepted solution]

@BlingTheNorth 

some e-mail systems block e-mails that come from accounts with "legal" in them, and etsy's DCMA notices come from legal@etsy.com, they may not even get to your e-mail to be spammed.

you can file a counternotice, without the e-mail

https://www.etsy.com/legal/ip-dmca

[BlingTheNorth]

Thank you! I was able to do it via email.

[SheWhoPlaysWithGlass]

Were they Walking Dead items or other movie items?

[BlingTheNorth]

No. It isn't walking dead it's waking dead. There is an Etsy seller who has copied all of my patterns. She filed a false claim against me because I've filed to have my patterns removed from her store. My patterns were called Queen Bee and are completely my own design not similar to anything available on Etsy.

[AAANativeArts]

I get maybe one email in 10 that Etsy says they sent me. I know my email is correct and working, because I usually get the Made a Sale notices. They are not in spam or anwhere else. In that case, all you can do is contact Etsy. If you can get the number for a callback, that is fastest. Don't bother with Chat, they can only answer basic questions that effect most sellers, nothing specific. You can email Etsy by picking any question, scroll to the bottom of the answer and click I Still Need Help. Change the subject line to reflect your problem, then explain  what  your problem is. Ask them to resend the email so you can counter claim. Expect them to take up to 10 days to answer, and it is likely the first 2 or 3 replies will be a canned response that does not address your question. But if you are persistent, and keep answering via the I Still Need Help link in their canned responses, eventually a real person will look at it.

I got a notice the other day in my Dashboard that 3 products were suspended for IP infringement, but I didn't get the email explaining further. When I went to my Inactive listings, I couldn't find anything that had been deactivated. The next time I went back to the Dashboard, the notice was gone. And I am pretty sure I didn't have anything infringing in the first place. My number of products stayed the same.

[SmudgePlant]

I think you need to know for sure who filed the DCMA before you can counter it. It may be some of the makers of the tumblers you named in your listings filed the claim.

While it's more helpful for the customer to know the name of the company who makes the tumbler, it's probably safer for you to just give measurements.

[BlingTheNorth]

The tumbler brands know that I use their names and are fine with it. My patterns increase their sales.

[PersonalizeStation]

In your counterclaim, be sure to include your written permission/consent or license information that you've been given to use those brands' names. 

[moonbeamgifts]

If you open the inactive listing, is there by chance a link from it?      I don't know for fact, just throwing out possibilities.

[AAANativeArts]

@moonbeamgifts

If Etsy deactivated a product, that will be noted in red on the deactivated product. You cannot republish it without getting Etsy's permission first. But you still need the DMCA notice to  counter claim. If they don't sue you within 10 days, Etsy has to put it back up, but you have to counter claim on the appropriate form and you will need the information on the DMCA form. Those are both official documents and  you are swearing under penalty of Perjury that your statements are true. If another seller is filing a DMCA that is not true, they can be prosecuted for commiting perjury.

[moonbeamgifts]

Right, I just meant if the deactivated item had a link to the notice in order to counterfile since the email was never received.

[BlingTheNorth]

I am aware of the rules. There is a seller that copies every pattern I produce. I've had to have 30 of her listings taken down over the past few months. She always counters and I'm not making enough to sue her at the present time. She is the person who filed it. I don't have a single pattern like any of hers other than the ones she copied from me. 

[AAANativeArts]

Are Stainless Depot and Steel Magnolia brand names? If so, you can't use them in your listings. If Steel Magnolia isn't a brand name, it may be trademarked from the movie by the same name. You can't use things that are trademarked or copyrighted by another company. Instead of naming them by name, just give the measurements of that style of tumbler.