Infringement Scam!! Multiple shops hit

[#1]

I have almost 200 listings that have been deactivated due to fraudulent "infringement" by [REMOVED]. Multiple steel cutting shops are saying the same thing. I've lost almost $15,000 in the last few days and cannot even get an email reply from Etsy legal to resolve THEIR issue. THEY'VE DONE THIS TO MULTIPLE SHOPS because of some random, obviously fake website that made a claim with NO BACKUP OR PROOF, with almost zero history online, no copyright filings, and nothing registered, a fake link, and a 1.7 out of 100 rating on scam detector. SOMEONE PLEASE HELP!!!!!!!!!!!!!!!!

[TopPrintBoutique]

The real elephant in the room with this process is lost quality score.

Not only can you cause huge financial damage to any Etsy store, with the risk of any actual legal come back being very low, but you can cripple their store visibility by having their listings knocked out for up to 10 days; this is highly damaging.

[BagmakerSupply]

While the seller community may have many issues with how Etsy handles things, in this case Etsy has no choice - to avoid liability for any copyright infringement, Etsy must block access or remove the infringing content upon receipt of a DMCA notice from a claiming copyright owner and must wait 10 - 14 days after receiving a valid DMCA Counter Claim before reactivating or allowing access to the claimed infringing content. The law does not give Etsy any latitude in this situation.

If the original DMCA notice is false, the submitter is committing perjury and can be sued for the damages caused, along with the costs and attorneys’ fees that were incurred in pursuing those damages.

If the infringement is for a trademark infringement (such as the  Smiley Face) then an entire different set of rules apply.

[CortenStore]

what about non US sellers? counter notice is not possible now!!

[moonbeamgifts]

I can understand how frustrated and confusing this must be to experience.   I've had it happen a couple of times with an individual image that I had purchased rights to but under a different account (even though they're linked) and the original seller reported me.    Despite their cooperation in walking back their claim, it was time intensive and those products didn't really perform well again for a long time - I actually ended up deleting one of them and creating a new listing for it to see if it was just permanently branded with an A or something.   :  )

Where you are concerned with the lost revenue, I think this is an excellent example of why Etsy should not be the only platform - perhaps take this down time to either work on or social media blitz your individual website?   Only there is where you will have full control.

[moonbeamgifts]

I just went back to look at your shop.   Is there absolutely any possibility that there is a legitimate factor/common denominator that would cause this reporting?     
A possibility of a font being used?   

If you had 200 listings taken down and others had similar numbers, that's a great deal of time to invest for a scammer.    Most of them look for the quick and easy, this would have no real benefit other than to a true competitor who would be risking an awful lot to falsely file like this.

I'm just saying that it might be worth taking a step back and looking to see if there's anything that could be valid.

[cindylouwho2]

@moonbeamgifts "If you had 200 listings taken down and others had similar numbers, that's a great deal of time to invest for a scammer." - Etsy makes it easier now to upload your evidence then file against multiple shops' listings all at the same time. It used to be a more onerous process. 

[chocolaterabbit]

I'm so very sorry! I just wanted to let you know that there was a case about maybe a year and a half ago where an etsy shop owner was claiming false copyright against loads of t shirt shops for "stealing" their design. It was an Easter design, for those of you who might know what I'm talking about. I think they even possibly hit amazon shops as well. The sellers banded together and contributed to a legal fund and one of the sellers took the false copyright person to federal court.

I believe they settled out of court, but it went well for the sellers.

With that kind of a loss, and with multiple shops hit I just wanted to let you know that there is that possibility. If you don't mind I can message you a group on FB who monitored that case as well as others. Let me know if you'd like it (don't want to spam you!!)

[audreytherese]

Oh no, it went to federal court and before a judge, not settled outside (it was just done remotely through Zoom or something). 

The judge decreed that she is not allowed to issue another takedown without first getting advice (permission) from a competent attorney. And there was a financial settlement where she was ordered to pay the plaintiff, the amount was only between them and not public knowledge (the plaintiff just said that it was an amount she was satisfied with). 

Unfortunately in that case, even after it was brought to court and she lost, having proven that she issued hundreds of takedowns in bad faith, Etsy has still allowed her to keep her shop open here. 

[hopeandjoystudios]

@audreytherese that she still has a shop here or even an Etsy account after that is ridiculous.

[audreytherese]

It is absolutely ridiculous. I know dozens of people emailed the copy of the judgement to one of the Etsy higher ups. I can't remember who, I'd have to look at old posts, but I think it was someone in charge of the trust and safety department or something. Basically saying that Etsy states in their TOUs that acting in bad faith can get their account suspended, but even after it was proven in court that one shop acted in bad faith hundreds (thousands?) of times, they still refuse to hold her accountable and allow her to continue selling here. 

[hopeandjoystudios]

Hopefully it is copyright not TM as TM removals cannot be  rebutted..or whatever that word is..not enough coffee yet. I would get a lawyer and see what can be done legally against this filer. At your sales/ sales loss it would be worthwhile. I would also have them reach out to Etsy about this fake filer and accuse them of shop interference and have them tell Etsy they need to do something about this filer or else..whatever lawyerly threat they have.

[TreeTreasuresCanada]

The huge take down is obviously very upsetting and has a huge negative effect on the shops involved.  I am sorry for the turmoil you, and all the other metal works shops, are facing.  It does, however, sound as though you may have unknowingly purchased designs which are copyrighted.  Were the designs, which were taken down, purchased from the same individual or company?  Did that individual or company mistakenly advise that the designs could be used commercially?    While I agree with other posters that you need to hire an IP lawyer, it will be important for you and the lawyer to find the commonality of the take downs and your source(s) of these designs.

[CupLocker]

The same way they can programmatically verify a business online with a government entity is the same way they can verify a copyright or patent filing online.

[DragonflyDreams1]

I don't believe you have to have a copyright to be protected by the DMCA. Only prove first publication. I could be remembering incorrectly. But no verification of copyright is needed. It is to protect people from others just taking whatever they want because it has been published online. It is like walking by a statue on the corner that you like and deciding it is yours. You can't. You can't just use anything you find on the internet without purchase or permission.

[BagmakerSupply]

@CupLocker: There does not have to be a copyright filing to have copyright protection - the only difference is what the potential damages can be.

[chocolaterabbit]

@audreytherese She's still open? Wow. I didn't follow the case to the bitter end I guess. 

[audreytherese]

Ya, I actually checked when this post was made, just out of curiosity since it reminded me of her. 

[KMBankston]

I feel for you, I have a competitor that claimed one of my listing is copyrighted by her.  She "could not find that registration number" so didn't even include it on the original take down notice.  I countered, and here I sit waiting out my 10 day relist sandbox.  She has zero claim on the design and if you look at the way I make the earrings and the way she makes them, the designs are totally different.  It makes me mad she did this, all I got to say is karma is a bxxxh.  

[BluKatDesign]

If you are doing that much in sales I would just get your own website, why bother with Etsy?

[TreeTreasuresCanada]

It is not Etsy who filed the take down notices.   Any website host, etc. would need to follow the same rules.

[3DTableTopWizard]

I'm with you, by the way. What I see here is a false sense in the US mentality, and that is troublesome.
So anyone can claim infringement on anyone - first thing that is wrong. In the EU, you have to proof you are the owner of said item / design whatever.

Even if this is different in the much less protected US world, when I give ETSY proof in writing and links and statements that I am legally (!) allowed to sell these items, they still will not budge, nor explain. And no - I did not receive any emails from anyone, not even the team.
I checked all emails, including spam - nothing arrived.

ETSY has a lot of off-site supporters who only use a fraction of what ETSY actual officials can do. I once got one item reinstated with the comment that their algorithm (!!!) hit the wrong person. It took 2-4 weeks until that was resolved. So much for the "they need to do that because Law" excuse.