I changed my listing and now im not getting traffic

[PinHideoutLLC]

Changed some product images and added a video and re wrote the description and
I accidentally used brand name because i used chatGPT and didn’t realize it used band name and I didn’t read it. Well I did read it the first time and there was no band names and I made a small change and it started using band names.

am I screwed now? 

Heres the listing 

My listing 

any tips?

[PlatypusDream]

It is illegal to use famous brand names to sell your products unless you have paid for legal licensing.

https://www.etsy.com/seller-handbook/article/the-ultimate-guide-to-intellectual/22398703823

https://www.etsy.com/ca/seller-handbook/article/fan-art-and-fair-use-one-truth-and-five/39402098770

It may bring you more traffic in the short term, but get your shop permanently shut down when the original IP owners find you (and possibly sue you for your profits, and more).

[Amaradorn]

Yeah, don't use trademarked names (this includes films, tv shows etc). Don't reference drugs. 

The 'fulfilled by Amazon' thing is off putting. If I wanted to buy from Amazon, I would go there. It looks like you are drop-shipping.

When you make substantial changes to a listing it can take a while to re-rank so it's probably lowered the search placement.

You need to fix the IP infringement before your listing gets deactivated - then it definitely won't be getting any traffic. 

[NanaLetha]

You buy pins from China and then resell them in your shop? That’s what it says in your production partner blurb.

[Amaradorn]

@NanaLetha since China is the 'manufacturing hub of the world', many production partners are located in China.

[LastCentury · Accepted solution]

That's what an AI description looks like? Some of it is just word salad. 4 long paragraphs and no dimensions mentioned.

"Whether you're looking to decorate your pins for bags, pins for backpacks."

The bots are watching with image recognition as well as reading. Using brand name products with visible logos & names even just for styling photos could have your listing deactivated by the trademark owner. 

[AAANativeArts]

This is why you should never change everything all at once. Change a few things one at a time and wait 30 days to see if it made it better or worse before  you start making mass changes. If whatever you did killed your sales, then change it back and eventually it should recover.

You should NEVER use chat gpt without reading what it says. For starters, it often makes mistakes and makes totally inaccurate statements. After all, it is only in the beta stage of testing. It doesn't replace your own copyrighting - it should be used as just another aid. It still needs A LOT of human supervision.

You absolutely cannot use brand names to sell your products without a license from the copyright or trademark holder. That will get you in a lot more trouble than just losing your Etsy store. The penalty for copyright infringement can  include a $150,000.00 fine and/or a year in jail for a FIRST offense, and trademark infringement carries up to a $250,000.00 fine and/or 5 years in federal prison. They will confiscate all your computers as evidence and any goods you bought with your ill gotten gains, just like a drug dealer, on top of any fines.

This includes fan art images that are close enough to be recognized as the original character, even if it isn't an exact copy. Coke is definitely a trademarked brand.

[Adorabilities]

Your item title and descriptions are still mentioning Rick, so that could still be an issue. Looks like "Rick & Morty pin" is one of your tags as well.
And this line can't be helping either: "Get ready to take your fashion game to the next level with our drug pin!"
If Etsy has allowed you to re-list the item (it passed the bot test this time around) it could have more to do with having mentioned drugs than IP infringement.

[PinHideoutLLC]

Im talking to a ip lawyer to make sure im not doing wrong thanks for the tips

[Amaradorn]

Your lawyer needs to see the actual listing  - so I recommend you send them the link.

[steelhipdesign]

@PinHideoutLLC 

It's not that complicated.  If a pin references a: movie, game, character, studio, universe, comic, book, celebrity, brand, corporation, platform, artist, institution, college, sport league, team, catchphrase, logo, car maker, military etc - it will be protected by trademark and/or copyright, personality rights.  Learn the differences between those.

IP is in two parts.  First is the actual object and design. That's usually covered by copyright but can include trademarks.  The second part is how you are selling the object.  If you need to reference popular culture in the listing to attract fans - the words you have used are probably trademarked.  You will be getting a strike no matter what the product is.  

You can sell a wooden wand on Etsy.  But if you sell the same item as "Harry Potter wand" - TM infringement.  Everything in a listing is searchable.  Studio lawyers just search for their trademarks the same as fans do to find a product.  

Some sellers try to avoid using trademarks but without those words, what is the point?  Fans can't find them. It defeats the point really.  Do you want to permanently risk your seller account for a couple of bucks selling pins?  There is no coming back on Etsy once your ID is banned and burnt.