Item Wrongfully Delisted

[TheWitchesBogg]

The Australian Government has decided my pieces of plastic that look like headlights have coin cell batteries inside and has made Etsy delist them. There are two issues with this. 

1. I have never sold anything outside the US and have no plans to.

2. There are no coin cell batteries. These are very clearly non-illuminating pieces of plastic. 

Etsy support has been utterly useless so figured I'd complain here. Honestly if this is the support they give their sellers after 200 good orders I might as well leave the platform because anyone else would give you notice that something is wrong. 

My main complaint is that I was just struck down, there was no dialogue. No one sent me a notice saying "hey, your listing is in danger of being removed" or anything so that I could defend myself because anyone that actually looks at my listing can tell that it doesn't have electronics. Definitely feels like they used an AI to target anyone with "light" in the name. 

[TheWitchesBogg]

The email I received about the listing says "the battery compartment is not secure and can be opened by twisting the compartment cover" which is completely inapplicable to the item. They are "pop up miata headlights" that are just plain plastic charms. No idea what AI they used but the fact that I have to stay up until midnight to call them about this is absurd.  

[TreeTreasuresCanada]

@TheWitchesBogg   I'm sorry that Etsy seems to have misunderstood your product and hope the problem gets resolved.

Be aware that "Miata" is trademarked so may potentially also put that listing in jeopardy.  Check all your listings for trademark issues.

[AnniebelloPaper]

If they look like headlights, the bots have likely pulled them. AI also uses the images as well as any wording. Not sure why the Aussie government would target you tho.

[TheWitchesBogg]

They just targeted the product they think mine is because of an issue that exists with the product that is completely unrelated to mine. It's very clear mine do not light up.

[JJewellerySuppliesUK]

You are right that bots have pulled the item but you will need to appeal the decision by providing your evidence. 

[TheWitchesBogg]

No one is willing to talk to me to provide them evidence. I have multiple inquiries and Etsy is totally unresponsive. 

[BagmakerSupply]

@TheWitchesBogg: You probably should pursue this (and hopefully someone is actually training the artificial intelligence bots when they are wrong) but you might want to add your licensing for the intellectual property references within your listings first. No point in giving the trademark infringement bot work.

[TheWitchesBogg]

I designed the item myself so there is no license. I am the only one with the file. 

[BagmakerSupply]

@TheWitchesBogg: Who designed it is irrelevant. For example, do you have a license to use the trademarked name 'DnD' to market your items? If yes, then you should include that in your listing(s). If not, the way you are using the name makes it appear that you are a counterfeiter.

[TheWitchesBogg]

The dice charms aren't the ones subject to the takedown. It is not an IP takedown it is a "safety issue" that doesn't apply to my product because it doesn't have batteries. 

[GrandGear]

When I had a similar problem I accessed Etsy support section by a "Submit a Request" email link. 

Begin your petition with a strong request that a human being reviews your problem.

It may take several days to a couple of weeks, but you will get a reply. Happily my listing was re-activated. 

Here is the link I used:

https://help.etsy.com/hc/en-gb/requests/new?segment=selling&ticket_form_id=360000108008

Good luck. I know how frustrating this is.

[steelhipdesign]

It's not the Australian government doing this - international trade regulations around cell/coin batteries have changed because the danger they pose to children ingesting or choking on them.  In your situation the word "light" probably triggered the bot.  Etsy basically doesn't want any legal liability if a child is injured. 

Contact Etsy and tell them about the situation.  They will reinstate the listing.  It will take time.  

Just for the forum's general information if a shop is selling something with coin/cell batteries, the product needs to require "tool use" to open the battery compartment and child safety warning stickers on the packaging/product. 

[TheWitchesBogg]

The email I got specifically said it was the Australian consumer something commission. Thank you for the rest of the information, it would be nice if a human had looked at my listing because there are obviously no batteries in my product. Good note for general knowledge though, thank you. 

Etsy support sent me into an automated email loop so I'm trying someone else's support link.

[CoquetteBath]

many of the takedown notices are, per forum lore at least, AI derived, so you are dealing with a non human here.

secondarily, I'd be more concerned that the Croc company or DnD or someone could come after you. If you have permission to make these charms for Crocs, great, but you may need their approval. DnD is another issue entirely. I don't think they willingly permit the use of their IP.

note: not an attorney, but from years here, I've seen more than a few shops get into trouble (sometimes leading into shop closure by Etsy) over what they felt was 'fine' or 'okay'. IP law is harsh and while people do come back with 'fan art', fan art isn't ever to be sold...

a bit of a sideways from your OP, but given you are mentioning takedowns, thought I'd share this. I never want to see another shop owner get into trouble out of the blue.

good luck.