I'm an Etsy seller who has been here since almost the very beginning, going back to 2006. I recently reported another shop for selling an item which is very similar to one of my own which I have been selling for over a decade. This shop has only been on Etsy for a few years at most. The shop retaliated by reporting my items for IP infringement, fully disabling 5% of my shop, items which happen to be all my most popular items. I can't really fight against this other Etsy account (they are overseas) and I just want my items back in my shop. The IP Reporting Portal has a space for withdrawn reports but as far as I can tell no way to actually initiate the withdrawal. Does anyone know of a way to do this? If I do this and can convince the other account to do the same with the items they reported, will the items in question be returned to my shop? I wrote to Etsy's legal department three days ago but have not gotten an answer. I really need this situation resolved. These listings can be withheld from my shop for up to ten days and my shop is completely dead without them.
If the other party lodged a counter-claim, the ball is in your court. You have ten days to either start legal proceedings, or do nothing. At the end of the ten days, if Etsy has not received notice of legal action they will reinstate the listings. If distance is the issue ( the other party is in another country, eg) you could try getting a solicitor to write a cease and desist letter suggesting legal action will follow if the other party does not withdraw the counter-claim (this might be enough to put the wind up the offender and they might just cave in). Failing this, I am not sure you can withdraw after a counter-claim has been lodged.
Very similar is not the same as an exact copy. You would have needed a design patent or at least a very good ip lawyer savy in international infringement before lodging the takedown. What did you think would happen? Did you think they would just remove it and go away?Most will call your bluff especially if international that you won't carry through with a court case and it is poking a hornet's nest as you found out. If you are not prepared you take them to court a dmca removal little power. File a counter claim and wait the 10 days and hope they don't take you to court then move on.
A seller did this same thing to me. International seller too. I am not sure why doing this mafia business. Very unethical