Intellectual Property Notice- Dispute!

[#1]

I received an Intellectual Property Infringement email from Etsy today. They took down the majority of my listings in one category. This is a popular item sold on Etsy and is generic in nature. ( sheepskins ).  However, apparently a company  with a name that contains 2 words that are in the description of my items, has filed an IP report on my shop.   I can easily remove those 2 generic and descriptive words from my listings.  ( Lets say their company name is Shaggy Hair - and those 2 words, which were being used as a description in my listings- for example )

Can I make new listings for these generic sheepskins without the use of the 2 offending words? This is my only job, my only income. These items are the bulk of my sales.  Help and advice needed please!

[Fantasydolls]

Yes- sheepskins.  Nothing to do with dolls whatsoever. 

The company who claimed infringement uses TWO generic adjectives as it's name ( Shaggy Hair ) and both of those adjectives were in my tags and/ or descriptions, although not even necessarily together. 

[CuriousApothecary]

You cannot use Barbie, and if Disney owns the word TROLLS then you have to use another word. Do they own the word TROLLIES? Then not you can use that. Barbie would be 12 inch dolls

[Fantasydolls]

This has NOTHING to do with dolls or Trolls. This is a generic term/ adjective issue. Thank you though.

[PrairiePrimitives]

CuriousApothecary was trying to help keep you from getting more infringement notices.

The "shaggy hair" TM may be owned by a random person, but you can bet Disney, Mattel, et al. have more attorneys & deeper pockets than you do. They could potentially ruin your business and get your Etsy shop shut down. 

[AlainsBlacksmithShop]

Was the information included in the IP notice credible? i.e., is the complaining party an established entity that's easily found online, did they provide a registration number, and is there a valid email to contact their legal department? If so, I would certainly reach out to them to resolve the issue before posting any new listings.

However, if the registration number field was left empty, and the contact email is a generic Gmail account, it's likely they don't possess the IP rights they're claiming. In this case, I might feel more confident about proceeding with new listings. Just keep in mind that the complainant might target your new listings. Etsy has no guardrails in place to prevent baseless claims.

[Fantasydolls]

Thank you for the information. I looked up the registration number and it says the words they copyrighted were two generic adjectives that are the name of their company.  I have removed those 2 words from any existing listings and will not use them in the future.  This was a baseless claim as no way could two generic words be truly claimed as an infringement.  The words were as generic as "fluffy" and "hair" for example. ( Not the actual words but virtually identical )

[hopeandjoystudios]

Was it TM or copyright? If copyright you could file a counter notice  and if they don't sue in 10 days you can relist. TM you have to have the TM holder agree the removal was a mistake and THEY have to tell Etsy to reinstate it. If they don't you'll need to get a lawyer involved. And it is not a bad idea to seek legal counsel before filing a counter notice in case you are wrong and they sue.

[Fantasydolls]

It was this:  XXXXXX recently let us know that they believe some of your listings infringe their intellectual property (IP). In line with our Intellectual Property Policy we've carefully reviewed their report and have removed these listings from our marketplace. This means they're not active anymore and won't be seen by buyers—and you can't edit or relist them on Etsy. To see which listings we removed, check the full report at the end of this email.

[hopeandjoystudios]

That doesn't really make it clear if it was TM or copyright but as they say nothing about filing a counterclaim and say it can't be relisted I would assume TM. TM has to apply to particular categories.  Look up their "generic name" on the TESS TM look up  site. If their category is not your  items ( clothing instead of sheep skin supplies or whatever) they have  no claim over you. You can't start an Apple electronics company but they don't own the word Apple in categories they haven't applied for and been granted. I would contact them and ask what the basis of their removal is as you feel they have erroneously removed your non competing item for infringement  when they hold TM for XYZ categories  and this is category A. You'd probably have best luck with a lawyer but some sellers have got reversals for erroneous removals before.

I remember one that had used the term dragonslayer to describe a patron Saint medal who had been traditionally referred to as the dragonslayer for hundreds of years and they were a video game company. They reversed it for her.

[CraftyCornishMaids]

@Fantasydolls 

this is very clear

and you can't edit or relist them on Etsy

do not relist them, in any form

contact xxxxxx and agree a way forwards with them

if you relist, even without the offending words, and they issue another takedown, you will lose your shop for good.

[TheAtticRooms]

A couple of years ago, I had an IP takedown issued from a company who work on behalf of the BBC for two of my party banners as they featured silhouetted ballroom dancers. After being unable to get a reply from that company I wrote directly to the BBC's legal department and was able to speak with them about it and they then instructed the company themselves to retract the IP claims. Etsy then reinstated my listings. I would urge you not to relist until you have spoken directly with the people who complained. It is the safest way to ensure you don't get into any trouble. 

[bohemians]

^^^ This is the best advice.

[TheRakuOfAmerica]

Its a pity that somebody can have the ownership of 2 such common words.

Ownership of those should be illegal in my opinion because its like owning the word Water or some other such common word. 

I am an inventor but i never registered any of my inventions wich i could have done for cheap just that it takes a few years to get the license.

To register a brand is similar to registering an invention. 

As for advice, you should listen the more experienced sellers than me regarding these issues. 

[CraftyCornishMaids]

Applying for designs is cheap in a lot of places, and if you have a few to register, it's really, really cheap

it costs us

£50 for 1
£70 for 10
£90 for 20,

the decision is made within 3 weeks - it is very quick.

Trademark is a lot more expensive, and takes a lot longer

we can't register copyright at all, we don't need to, for copyright protection.

[TheRakuOfAmerica]

My inventions would take 4 years to register internationally and just in Romania, less, like 2 years.

It takes long because there could be others claiming the invention and they have years to claim it. 

Similar as the trademark but i think an invention its harder as it is usually a phisical thing or a theory.

Lately i keep my inventions secret, like some of the glazes that i make.

I want nobody to know how i made them and take the secrets with me in the grave, so that, perhaps, over centuries, my work will inspire others to wonder how i made them.

Similar to how i study ancient masters glazes,like the Yohen national treasure of Japan.( wich are made in China). 

[TheRakuOfAmerica]

@CraftyCornishMaids

And one of my inventions is the kiln i have in the picture. 

It is the most efficient wood fired pottery kiln made in history, because it uses wood gasification, and forced air, like the newest wood furnaces( even better combustion, thogh i wont start to give boring technical details) .Its a serious invention not just 2 common words put together.

Another invention would be a dust cyclone made from refractory zirconia in wich the flame of the burner goes. 

Thats like a dust cyclone to catch the ash from the wood so that it doesnt gets inside the kiln. 

[CraftyCornishMaids]

designs are for inventions, which we can do cheaply

trademarks are for words, which are very expensive

[TheRakuOfAmerica]

@CraftyCornishMaids

Maybe in you country you can get the invention certificate in just 3 weeks.

International inventions take 4 years to get the certificate.

Thats why you see stamped on some items Pat. Pend.

Means patent pending and those are made before the certificate is released, in those 4 years. 

[KinderSprouts]

It would be a good idea to remove all instances of the word "barbie" from your shop. I recently learned that its trademarked name after having a pouch with a listing description containing "barbie" removed for IP infringement and a warning that I should not use "barbie".