Inability to contact Etsy after they send a threatening letter

[HillCountryGiftCo]

We received a letter from Etsy Trust & Safety Team today telling us that we had multiple IP infringements and this was their "final warning for infringement".  But they NEVER provide a means to discuss the issue.  We list things that we buy and check the seller's license.  We learned that some things were sold without permission - OK, it's removed.  But we don't relist it.  AND Etsy doesn't make it possible to talk with ETSY.

So now they're giving us a final warning without the ability to speak with them.  Any recommendations about contacting Etsy.  When we learn about the IP infringement, we press on or address it with the person that made the notice.  Etsy is NOT involved and doesn't seem to care that we discussed the issue with the other party.  Yet, they have no qualms about giving a final warning.

Frustrating!!!  Even the requirements for this message....

[audreytherese]

Your shop still has tons if infringing items. I don't believe you understand how intellectual property works.

"We list things that we buy and check the seller's license."

You are likely still purchasing from sellers that don't have the authority to grant you any licensing for the images your are using. 

[audreytherese]

All your Mario Bros is infringing. 

All your Elsa is infringing. 

All your Disney is infringing. 

All your Shrek is infringing. 

All your Pokemon is infringing. 

And that's just from your first page. 

[Jewels2at]

I think it would be good to put your shop on vacation while you get it cleaned up before Etsy shuts you down.

I am not sure why you need to talk to Etsy...the rules for infringement are pretty clear.

Also, a license for someone else to sell does not convert to a license for you to sell.

Edited to add...once Etsy shuts you down...you can never have an Etsy shop again.  Ever.

[WitticismsRus]

" But they NEVER provide a means to discuss the issue."

Etsy is not going to discuss it with you. There is nothing to discuss.  IP infringement is a legal issue and they are not your legal counsel. They represent etsy not you. If you need legal advice or counsel you will need to contact or hire your own attorney which I would strongly suggest you do especially since your shop is full of infringing items. 

[bradgoodell]

THIS.

There is nothing to discuss.  A violation of the law is not up for debate, and saying "OOPS!" doesn't mean a thing.  

[hopeandjoystudios · Accepted solution]

Unless you are buying directly from the company holding the IP TM or copyright and have a licensing deal with them it is not legit.

Even if you talk with whomever falsely told you you could use the Clipart commercially, the actual IP holder..Disney or whomever is the one that filed for the removal. Unless they specifically tell Etsy to reverse the takedown it stays. You are on beyond thin ice.

[PotteryUrns · Accepted solution]

If I were you I would put the shop o vacation while you very carefully go through it and remove all the copy wright or infringing items and then go from there. Otherwise you have a good chance of your shop being permanently closed and if that happens you can never have another shop on Etsy. Yes, I know there are a lot of other shops selling infringing items, that doesn't mean it is okay, just that they haven't been caught yet. It is kind of like speeding down the road. Just because the car in front of you is doesn't mean you won't get stopped.

[HillCountryGiftCo]

That's interesting. 

We buy a lot of images and designs from others on Etsy. We've figured out...by IP, that some didn't have the authority to sell it.  That's after the fact.  And includes artwork done by others that then falls into the "Significantly Similar" category.

Frustrating piece it that Etsy is penalizing us when we think we're OK to sell something.  They don't enable open communication. 

[hopeandjoystudios]

That is pretty much how it works. They expect you to do your due diligence up front before listing. If they were newish purchases I would tell them you want a refund as they sold you counterfeit misdescribed goods and if they don't  open a case for a refund and complain to Etsy. Buyers hold a lot more power than sellers.

I would put my shop on vacation and sort this out. Etsy doesn't care if someone else sold you counterfeit graphics or you didn't understand IP laws as a seller.

[audreytherese]

Honestly if it's a recognizable character, you can pretty much guarantee that whoever is selling it doesn't have the authority to sell it themselves.  

This is all your responsibility to learn and understand. Those shops you bought these images from won't care if you get shut down, if they are even still around themselves. 

I agree with others that the best thing to do would be to put your shop on vacation mode ASAP while you do your research and learn about this. Otherwise it could quickly be too late. You've already gotten a final warning. That means there are no more warnings. 

[ChantillyAvenue]

@HillCountryGiftCo 

Compare that to how frustrating it's going to be when they close your shop and you no longer have access to it, or any funds in your payment account.

[nineteen27]

this is not a technical issue.

this is a you need a lawyer issue.

[VintageRescueSquad]

Trademark IP issues are legal issues. Etsy will not advise you on legal issues.

They are required to comply with IP infringement claims. Most of your shop is selling counterfeit items, so there is no point in contacting etsy. And this will be the case on ANY venue you sell on.

Please either consult an IP attorney, read up on IP infringement and remove all TMd items from your shop. This is serious and jeopardizes your shop. If etsy closes it, you can never sell on etsy again.

[hopeandjoystudios]

Not selling on Etsy again is less scary than being sued.

[VintageRescueSquad]

BTW, etsy doesn't need to communicate with you at all. There is no point in contact them. You need to deal directly with the IP holders.

[BlueAgateFarms]

Oh Lordy. 

[ChantillyAvenue]

Just... Go through your entire shop and remove EVERYTHING you don't own the IP rights to.  This is not rocket science.  You must know who owns the rights to the images printed on your products.  You honestly think another Etsy seller owns the IP rights to Shrek and Mario Bros?  My God.

[SunnyDayVintage]

You cannot sell anything that has a brand name or a logo or an image like mouse ears. Period. This is the reality.

It doesn’t matter what someone tells you about that image — they shouldn’t be selling it — and you cannot sell it.

[MrsDsHandKnits]

Know what you sell> knowingly listing infringing items is on you...and NO, Etsy does NOT need to discuss the legalities of this with you as it is YOUR responsibility to NOT list these items in the first place!

[BootifulLabels]

Quite apart from the many infringements still in your shop, your comment that  "We list things that we buy and check the seller's license." says that you are not making or even designing the items you sell.  That means they are NOT handmade by you, and not designed by you and made exclusively for you by a production partner, so they don't fit Etsy's handmade requirements.  They are also neither vintage nor craft supplies, so they don't meet those categories either.  Your entire shop is in breach of Etsy rules.

As for the "final warning" from Etsy, the TOU you agreed to when you opened your shop makes it clear that neither infringement nor re-sellling is permitted, and Etsy does not have to enter into discussion on this or any other subject.  If I were you I would be looking for another venue that better fits your business plan.

[audreytherese]

It seemed to me that they were physically creating the items themselves, not going through a production partner. They are doing dye sublimation, which can potentially have a relatively low startup cost.  

That does qualify them as handmade, and they are allowed to use purchased files in this matter. This is what Etsy refers to as a 'maker'.

I physically create items, so I buy plenty of files to use from designers. The difference is just that I do my best to make sure I am purchasing from the original designer and not someone selling knockoffs. 

[HillCountryGiftCo]

We are creating the items...not using a production partner.  And unfortunately, we're using images that can't be used.  Vacation and cleanup will be done immediately.  Thanks for the insight and recommendations. 

[ColoringRomance]

Don't forget your shop banner.

[AnniebelloPaper]

@HillCountryGiftCo you will also need to delete (not just deactivate) ALL your infringing listings. If they stay, the images and details can be accessed via any reviews. Shops have been dinged for items they don't even sell anymore if those items are found.