Etsy's Creativity Standards

[UniqueWeaveShop]

Hi,

I have come to here to find help and advice.

I have recently had a few listings removed from my store as they no longer meet Etsy's marketplace's creativity standards. However, I have designed these listings, which I have been building up over the past few years, and they are designed in-house by myself and made by my team and me. I have complied with Etsy's policies since day 1 of opening the store; before these removals, I was even classed as a star seller! To ensure everything is handmade and created by us, we offer customisations on all our products, including colours and patterns that can be changed!

When doing my due diligence, I have found multiple websites that have stolen my pictures; I have reached out and managed to get some removed and proactively removed any listings that have the risk of being similar. They provided a very brief reasoning on why a listing was removed, but the example of a specific listing has only been valid for no longer than 3 months was given as what i am reselling of theirs, whereas mine has been over 2 years, yet I get labelled as the reseller of a product which I make and design in-house. And even with the listing they have given, the product is not the same, yet it's being categorised as the same thing.

Since then, I have done further research and provided evidence with original photo data supporting that I was the original seller of this item. With an established brand since 2021. I have provided all information about my branding and evidence supporting my products, but I have yet to receive any response. I have previously reached out to customer service to get an understanding of why some listings were removed but was told they did not fit the handmade policy. However, this time around, the removal is due to creativity standards.

It all started off as a hobby, but it has now become my sole source and something I continue to love. This led to registering a UK-trademarked brand to avoid any of this in 2022. Yet people still steal my photographs, which I have been trying to fight and ensure they are not being used by someone else on different platforms, trying to be dishonest with consumers! 

It has been a difficult time since this has happened, as over 3 years on the platform, endless nights trying to ensure I am providing the customers with the best experience when visiting my store, with everyone from my team relying on this being their sole source of income, it has been stressful since. I love waking up and going on Etsy, as this has become part of me, but I would like to be supported as an honest seller. Since then, I have had a response are very much like AI pre-written response, but nothing from there when I have provided evidence supporting.

Can I please get some help with this? Or guide me in the right direction? Anyone with a direct email I can actually speak to someone or a phone number I can reach out to? Or is there anything else that I can do other than what I have already done?

Thank you in advance to anyone

UniqueWeaveShop

[JJewellerySuppliesUK]

Etsy bots are trawling the internet looking for duplicates and it has wrongly assumed that you are the one reselling instead of others having stolen your designs and photos.  The forum is full of similar stories because this is happening to lots of stores.  I know that many stores have had the issue resolved but you will probably always run the risk of the items being pulled again.  

How long ago did you submit your evidence?  Etsy is notoriously slow at responding!

[UniqueWeaveShop]

Thank you for this! I have submitted it via the appeal process for evidence supporting, I guess its just a waiting game now

[ArtDollsbyJD]

It is not enough to supply photos that say you are making the items.  You need to pursue the venue where your stolen photos are listed.  On those sites you need to issue a takedown notice and then report to Etsy that you have pursued the other sites to protect your intellectual property.  Each site usually has information that details what they need from you the seller to take down stolen photos.  It can be a tedious process as you have found but you simply need to keep after it. 

Is the character Doraemon you are using in the public domain?  Has the name been trademarked?  The design copyrighted?

Be careful of using inspired by.  Disney owns one of the characters I see in a review. 

The information about handmade is in the Etsy policies.  I suggest reading that about handmade and then come back with specific questions.  Also you may want to read about fan art and intellectual property.  It's difficult to give an overall opinion because cannot really see your items, only that in reviews which may not offer a complete picture.

If you sell to the EU/UK, you are lacking shop policies for thos areas.

The POD area is for a company that is making your items based on your design.  If this company is supplying you with yarn then they are not a POD and don't need to be listed.  However if this company also sells made items then make sure they are not selling items based on your designs to others.  

With Etsy you will sadly need to exercise some patience.  The are overwhelmed and sometimes quick answers just are not forthcoming.  If you have an email from them, reply back every so many days that you would like an update on your ticket. 

[UniqueWeaveShop]

Thank you for this! I can not agree more, the reviews do not do me justice in that view, but I will continue to chase down all photos from other, and I guess its a waiting game

[Natalya1905]

"I have designed these listings" , "I have complied with Etsy's policies since day 1 of opening the store", "I would like to be supported as an honest seller."

From your reviews: Merida/Brave, Elsa/Anna/Frozen, Tinker Bell, Winnie the Pooh, SpongeBob, Minions, Cute Monster (aka Baby Yoda), Snow White, Doraemon, Van Gogh... All these names and characters are trademarked, and you need a license to sell any of them here or on your own website. 

Another thing. Shop location is "United States", but one of the reviews says (and your reply confirms) that you ship from China. 

[UniqueWeaveShop]

Thank you for this! I acknoweldge this as trademarks issue was something that i fell for when i first started, shipping address is based on my residential rather than anything, I travel to and back from the US throughout the year thus why shop location is US rather than anywhere else.

[TheVintagePineapple]

You should remove the info in your About section regarding a discount if they purchase thru your website.   Etsy considers that fee avoidance and, if discovered, would cause more problems for you.

[TreeTreasuresCanada]

In your post you mention registering a UK trademark but your shop location shows as United States?

[Amaradorn]

@TreeTreasuresCanada and delivery is from China!!!! ???

[CraftyCornishMaids]

uk trademark brand will trademark something like your shop name

if people are stealing your photos, it is noting to do with trademark, it is copyright

you need to issue dcma copyright takedowns, to the sites where your stolen photos are

....

as a UK shop, (or shipping to Uk which you do, ) you need to gave a gdpr policy, a right to withdraw policy, a 30 day return policy on all listings, and your address and e-mail address in sellers details,

however, your items ship from china, and you say your location in the shop is usa

in this post, you say you make them - so that means you are in China?

there is something very, very wrong, with your shop

[UniqueWeaveShop]

Thank you for the advice on copyrights! My store is a bit complicated but there is 100% nothing wrong with my store, as being based in HK throughout the year, meaning for tax purposes I stay resided there, thats why not changed it to a US store for taxes! I will continue to push DCMA on the photos!

[TreeTreasuresCanada]

Your store location states United States.  Your location needs to be where you live, eat, sleep.

[Amaradorn]

Owning a registered trademark will not protect you against theft of your photos. I see no evidence of your branding in the photos on your reviews. Photos are protected under copyright but you still need to police them yourself and issue takedown notices (DMCA) when you find them stolen.

Unfortunately Etsy have seen fit to use a very badly designed approach to determining if a seller is reselling. There's not much you can do about it other than hope that Etsy support get back to you.