Intellectual Property policy Email Loop (help needed)

[makegiftspersonal]

I'm seeking advice regarding a situation where Etsy removed one of my listings last week, citing a violation of their Intellectual Property policy. I suspect this might be a move by a competitor, and I'm inclined to dispute it. However, my challenge lies in the fact that despite reaching out to support multiple times, I only receive automated email responses. The automated message suggests contacting the person who filed the report and mentions that details can be found in the email they sent me.

The problem is, I have thoroughly searched my inbox on both my PC and the server, checked log files, but I cannot locate any such email. It feels like a frustrating loop, as every attempt to contact support results in the same automated response, essentially stating that Etsy cannot intervene and directing me to refer to the missing email. Any advice on how to proceed would be greatly appreciated.

[JJewellerySuppliesUK]

You need to respond to the automated response or Etsy will close the matter.  Just keep one email going saying you still need help. 

How were you notified an item was removed?  Does it not give any details in that notification? 

A competitor cannot file a complaint unless they own the copyright so it is likely the copyright holder who filed a claim to Etsy.  It's hard to guess not knowing what the item is.  

[hopeandjoystudios]

Anyone can file a complaint..thats the issue. You need to know WHO filed and that's when Etsy fails. You need to figure out if it is a legitimate filing. If copyright and a false filing you can counterfile and if they don't start court proceedings your item is released in 10 days. If it was TM you cannot counter file  you need to talk to the TM holder and if they agree it was an error they have to contact Etsy and reverse the removal.  If they don't you are SOL even if it was an error.  You'd need to get a lawyer involved. Do NOT counter if you just think you are not infringing. So many think just because they drew it or changed 1 tiny thing they are not infringing. Get an ip lawyer's opinion if possible. 

[makegiftspersonal]

Nope, i have searched all emails and even checked the mail server logs on the server.

all i got was an notifacation on my listing page in the sellers dash.

[hopeandjoystudios]

Lego and Scrabble are TMed.

[JMOldeVintage]

@makegiftspersonal  - If an IP rights holder filed a DMCA Etsy should have sent an email notifying you. (Check all your email inboxes including promos & spam). By law Etsy had to deactivate the listing. From there you need to contact the filer, Etsy is not going to get involved any further.

Or depending on the item, Etsy may have deactivated the listing. They should have sent you an email & you should be able to find the specific listing thru your shop manager. If this is the case then yes, you'd need to contact Etsy, so try to find that email & reply to it. But do realize it will take a while to get more than a generic reply. Stick with one help ticket & continue replying to it that your issue is not resolved.

From Etsy's legal article:

https://www.etsy.com/legal/prohibited/?

"Unauthorized replicas or copies of items, and patterns or designs enabling their creation, are prohibited on Etsy. We consider counterfeit or unauthorized goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Additionally, we may consider up-cycled or re-purposed items, even if using authentic materials, to be counterfeit if they are making use of a brand's name, logo, or protected design without their permission."

[MyOrganisedHome]

Scrabble? Lego?

[BagmakerSupply]

@makegiftspersonal: If the alleged infringement is copyright, you should read https://help.etsy.com/hc/en-us/articles/360040496854-How-to-File-a-DMCA-Counter-Notice?segment=selli...

If it is a trademark infringement then the situation is much more complicated and you may need a qualified attorney because your argument will be with the party claiming the trademark not Etsy.

[AnnetteetJeanne]

Il m'est arrivée la même chose il y a un mois. J'avais un bandeau sur mon tableau de bord indiquant "violation de propriété" mais aucun mail, ni aucun article supprimé. J'ai réussi à joindre une personne chez Etsy qui m'a indiquait que cela était un "bug".....

[ArtDollsbyJD]

@makegiftspersonal If you have an email that states a policy violation from a holder from Etsy, then you need to address the holder and get it resolved.  THe email could be in your spam folder in your email.

No email then take one of the emails you have sent Etsy and respond back to it.  This is how it works.  You send in an email, Etsy replies with a generic answer because 9 times out of 10 that's all that is needed.  At the bottom is instructions on replying back.  Reply back with your question and request for help.  Don't open new tickets,   

I see some of your items are from money.  What are the guidelines for using money in crafts for your country.  Each country has something different.

[howtobooksandmore]

If this was a copyright infringement, then file a DMCA.  See if that works.  If it was trademark infringement, there will be no place to file a counter claim and you need to talk to the legal department of who ever filed the infringement.  Since you are using Lego and Scrabble in other listings, you should be able to tell who the trademark holder was.  Good luck.

[PetandWildlifeGifts]

Your problem is you are sending Etsy multiple email threads. When you do that, they automatically close your last request, and consider the new email a new problem, so you have to start over with the canned responses again.

Always reply from the I Still Need Help link in their reply. It is Etsy's routine practice to send you 2 or 3 canned responses that do no address  your problem, including sometimes one that says their decision is final (Ignore that), before a real person looks at it. You just have to be persistent.

The only way your product can be taken down is if the copyright holder or trademark holder files a complaint on the proper form. That is a legal document that swears under penalty of perjury that they are such an IP owner. You can counterclaim a copyright claim on a DCMA form. But you better be sure you are in the right, because that is an invitation to the rights holder to sue you, and some will. You have to work directly with the trademark holder if the item is trademarked.

You can easily check for trademarks online. I don't have the link handy, but I am sure someone will come along and post it.

You better be sure you thoroughly understand copyright and trademark, because these are LAWS that carry prison time in some instances, not just Etsy rules.