Hello, I just recently started my shop and have recently gotten a trademark violation for using the word "Jibbitz" in a listing. Ever since then, my ads have not been getting displayed, they went from getting around 2-3k views per day to 0. The listing that got the violation was only accounting for around 20% of the total views, so I am confused on why they are all at 0. My add budget is still the same and all other listings have adds turned on.
No surprise you aren't getting views.
Getting intellectual property violations means that ALL of your remaining listings will be hidden from search for a period of time.
I'm not sure why you continue to poke the bear (a large company with more money and lawyers than you)?
BE AWARE that Etsy can, and will, permanently ban you from the platform.
https://www.etsy.com/legal/policy/search-advertisement-recommendation/899478564529
"There are a number of different factors that are used when ranking listings in search results...
https://www.etsy.com/seller-handbook/article/1075628311049?ref=handbook
https://www.etsy.com/seller-handbook/article/22398703823
https://www.etsy.com/ca/legal/prohibited
"Unauthorised replicas or copies of items, and patterns or designs enabling their creation, are prohibited on Etsy. We consider counterfeit or unauthorised goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent."
You are still using the word Jibbitz. And Lego. And Crocs.
Here's Etsy's Advertising & Marketing Policy: https://www.etsy.com/legal/advertising/
In section 4: "Ads and promotions may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights."
@HyperSpeed3d: It is possible that your ads are just being shown to the wrong people. It is also possible that the algorithm is picking up on the other potential trademark infringements in your shop. For example, the way you have titled your Lego keychain it makes it sound like it is made by or with the authorization of Lego. Since you do not include your licensing to use the Lego name the item appears to be a counterfeit particularly since you don't even attribute the trademark owner.
"Snow Plow for Crocs" is probably okay , "Croc Jibbitz Shoe Charms" implies they are from Croc and therefore either counterfeits or you are reselling. And again, no attribution that it is a trademark or who the trademark owner is.
No surprise you aren't getting views.
Getting intellectual property violations means that ALL of your remaining listings will be hidden from search for a period of time.
I'm not sure why you continue to poke the bear (a large company with more money and lawyers than you)?
BE AWARE that Etsy can, and will, permanently ban you from the platform.
https://www.etsy.com/legal/policy/search-advertisement-recommendation/899478564529
"There are a number of different factors that are used when ranking listings in search results...
https://www.etsy.com/seller-handbook/article/1075628311049?ref=handbook
https://www.etsy.com/seller-handbook/article/22398703823
https://www.etsy.com/ca/legal/prohibited
"Unauthorised replicas or copies of items, and patterns or designs enabling their creation, are prohibited on Etsy. We consider counterfeit or unauthorised goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent."
Is it allowed to use trademarked terms like Lego in tags?
Absolutely not.
Protected words AND IMAGES or logos can not be anywhere in your shop or listings.
@HyperSpeed3d; "Is it allowed to use trademarked terms like Lego in tags?" In general, you cannot use other people's intellectual property to market your products without their permission. Tags are used to market your product, so no. Limited exceptions include things like 'better than ProductA™', 'fits ProductA™' and even then advice from a qualified intellectual property attorney would be advised.
@HyperSpeed3d No, it's not. You can't use someone else's (or another company's) IP to sell your products.
Yes, you will probably find other Etsy sellers doing just this. They will learn the hard way someday.
I'm not 150% sure, but I think even using the crocs in your pics could be a problem. Even if they're faux crocs, if there is such a thing.
And, on another topic, the brick with the word "text" isn't Etsy legal because of that. You need to show an actual item, so make one with your name or your dog's name or somebody's name.
Thank you for bringing up the other trademark violations, I am currently working on removing them
@HyperSpeed3d No, you can't use the word anywhere, nor can you even use the image.
just drop those etsy ads regardless of anything else.
Why?
Thank you everyone for the help and advice, I am doing everything you suggested and removing all trademarked terms from my tags. Would it be ok to put "Lego Compatible" Or something of that nature?
@HyperSpeed3d You should drop the ads because you only have 3 items and wasting your money.
You still have the actual Lego piece for sale. Just waiting to have your shop shut down. Lego is very protective of its name and images.
It is not an actual lego piece.
Not an actual Lego piece
You'd be best to speak to a professional who understands intellectual property, trademarks, and patents before trying to sell a copy of an existing product.
If it's not actually Lego but a counterfeit knock off, don't call it Lego.
Call them building bricks or something like that.
As far as I am aware, offering services is also not allowed on Etsy.
@PlatypusDream Thank you for the advice, I have changed it to building bricks instead.