I have a decent Etsy store but I am just stressed out because of fake complaints on my listings

[ManhattanNeons]

Hi!

I hope I am able to grab Etsy's attention through this. 
There is this bug or error with Etsy that they are unable to pick out a fake IP complaint even though everything is clearly there that the complaining party is just another guy trying to wipe us off the competition. It is not the first time that I faced this. I tried reaching out to Etsy and they took a lot of time for the previous complaint to be resolved which had me loose a lot of business unfortunately. 

For now there is this guy named (REMOVED) that has put up a complaint now. 
The proof of their work is an Instagram page and the photo they uploaded there to complain is totally ours as I have those shot in my own studio. Further proof that the concerned work belong only to us is that the person just uploaded the image 3 days ago while I have it on my Etsy store for quite a while now. 

This is a serious flaw that I am hereby requesting Etsy to have removed asap. It affects my business big time. 

Any suggestions or advises from anyone would be appreciated. : )

[SunnytyDE]

Hi, before you get any advice, please remove his name by editing your post. You can’t call out other stores in your post. You can do that by clicking on the little arrow in the top right corner 

[ManhattanNeons]

Hi. I can't seem to find the option to edit my post. can you please guide me more?

Thanks

[steelhipdesign]

Etsy legal works for Etsy.  They would go broke offering legal advice to all sellers.  If you have an issue, you can counterclaim and/or hire a lawyer and send him a reminder that a DMCA is reported under the penalty of perjury.  

It's rare but if someone is obviously using IP strikes as a weapon against their competitor, Etsy will ban them from the site.  

[ManhattanNeons]

This has happened to me three straight times. Every single time the seller gets back at me with a new name, a new instagram id with my photos uploaded on it. 

[SeasideRoseCreations]

Etsy is following the rules they must adhere to.

You have to file a counterclaim.

As far as YOUR photos on IG, contact them about stealing your work.

[anythinggoeshere]

@ManhattanNeons You have to follow the instructions to counter file.  Etsy is only the messenger.  They do not determine the validity of any IP claims.  Read up on the rules concerning Take Down Notices on Etsy.

[ManhattanNeons]

Yes I need to put up a counter claim... I get it. But my listings get deactivated, the total ad budget that I can use drops low and I loose a LOT of business. 
I can't seem to get my mind around how it's fair. 

For example, you are a seller happily doing business when all of a sudden, some random guy copies your photos and puts them up on instagram to be used to complain your listings under IP rights. It's a legal document and all I totally get it, but it should be fair... is all I'm saying 

[SunnytyDE]

Keep and organize all the proof you have and hire a lawyer. And also counterclaim on Etsy. 

[ManhattanNeons]

That is an option... but it takes so much time and I am losing business with every second. False IP complaints should be filtered out somehow. 

[SunnytyDE]

Yes, but how would they know it’s false? There are so many people who don’t care about lying when they fill out forms like that.  You really should at least file a counter claim. 

[SarahsSalvageShop]

I would be carful using Spider-Man as a marvel character for your ad photo 

[OmasFabricStash]

Etsy would be breaking the law if they picked which take down notices to ignore. It’s a legal document. It would be like getting a court date for a speeding ticket and decided not to go because you knew you weren’t speeding. 

[CryzalisDesigns]

on the other hand, Etsy does not care or even check if the complaining party is telling lies or fills in incorrect information, even though the complaining party has to agree that all information supplied is correct and truthful. So are the complaining party not breaking the law? it is a legal document after all.

[SarahsSalvageShop]

Etsy inst judge and jury. If you feel you are wrongly targeted contact an attorney  

[AnniebelloPaper]

A quick google search shows other sellers (on and off Etsy) using the same photos you are using. If these photos are not yours, you can't use them without permission. Perhaps that is part of the issue. 

[ManhattanNeons]

The thing is that these pictures I use, I have them shot in my office and in my studio. I am not using anyone else's pictures. 

[AnniebelloPaper]

@ManhattanNeons what about photos that are not the primary. There's a few wedding ones that appear elsewhere.

[BellaTreasuresByMT]

I don't know if this has anything to do with your situation but the word "NEON" is trademarked. Sounds silly, but it is.

"Arm and Neon are registered trademarks or trademarks of Arm Limited (or its subsidiaries) in the US and/or elsewhere."

[ManhattanNeons]

yeah I guess... but it's a copyright claim over an image that I have in my listing which obviously is totally mine.

[AAANativeArts]

You have to file a counter claim on the official form for such. If the complainer doesn't sue you in a court of law within 10 days, then Etsy will put it back up. This is the law, and there is no way to get around that delay. You can also file your own infringement claim on Instagram for your image the complainer is using there or anywhere else other people are using your image without permission. It must be on the official forms or it will get denied. The official forms state  you are providing this info under threat of prosecution for perjury if the information is not true.