Listing Removal

[FlyMamaCreates]

Etsy continues to remove listings of mine and I’m not sure what I am doing that’s making Etsy deactivate my listings but keep the same exact listing up from another Etsy shop. I’ve seen dozens of designer and luxury items posted on Etsy whether the item is actually vintage or handmade by the Etsy seller. I’m extremely frustrated at this point as I’ve sold two items and Etsy has decided to deactivate the listing. Please help!

[PillowDetails]

It would give us a clue if you stated what kind of items were being removed - I'm seeing lots of NFL team logos in your shop.  NFL owns all the rights to their team logos, and you need special licensing to sell them.

[Vintorious]

Unfortunately, some of your listings are using trademarked/copyrighted images, which is not permitted. Yes, you will see other sellers doing this: that does not mean it is permitted, or that they will be allowed to continue doing that. 

There is no help when it comes to getting listings reactivated when they are infringing on the intellectual property of others. 

The best advice you will get is to focus on creating your own, original designs. 

[hopeandjoystudios]

You cannot sell "handmade designer items". If you a slapping Chanel or Louis Vuitton or any other designer brand on an item that is considered counterfeiting or TM infringement.  Also the NFL offers no crafters licenses so you have a huge problem there too. Read up on trademark, copyright laws before you get sued.

[FancyTogs]

You need to learn about IP (Intellectual Property) laws, including Copyright and Trademarks, and Passing Off.

IP infringement is a criminal offence (seizure of stock & equipment, arrest, trial, fines & jail) and also a civil offence (get sued) in most countries.

https://www.etsy.com/seller-handbook/category/legal

IP owners can report individual listings, but can now also register their trademark (brand) for automated monitoring by Etsy:

https://www.etsy.com/legal/ip

https://www.etsy.com/ipreporting

Etsy can also remove any suspected counterfeit listings for violation of their prohibited items policy:

https://www.etsy.com/legal/prohibited#Q5

They have automated bots scanning for keywords, and image recognition too.

If you have had multiple takedowns already then your whole shop will be living on borrowed time.  Etsy shut down lots of shops (and all other shops from associated accounts) for repeated IP offences, and will ban the seller(s) for life.

Lawrence (Clare's other half)

[steelhipdesign]

Both the design and name "Smiley Face" is protected fiercely.  Some light reading on what they did this year to sellers using their brand without a license or permission: 

https://community.etsy.com/t5/Managing-Your-Shop/I-was-sued-for-quot-Smiley-quot/td-p/143013118

With the others you risk a payment reserve on your first strike.  Ramifications get more serious after that ending with your verified identity banned from the site permanently.  No coming back from that - thousands try every day.  

As others have suggested, read up on intellectual property - trademarks and copyright, remove everything you didn't create yourself and start again.  

[StonesAndLeatherUS]

Expect more items to be removed and probably your shop too. Read the Etsy handbook for the rules. Read the laws on IP infringement. Your shop is full of items that should not be there.

[BagmakerSupply]

@FlyMamaCreates: "but keep the same exact listing up from another Etsy shop" If you are selling the exact item as someone else that alone is a red flag. As others have mentioned, you should be more concerned about having an attorney specializing in intellectual property laws on retainer than worrying why your listings are being deactivated. You should include your licensing information in the listings for all of the trademarked and copyrighted names and images so that no one thinks you are infringing on intellectual property rights or selling what could otherwise be considered by a buyer (or Etsy) as counterfeits. A buyer could open a case against you and get their money back and keep the item.

Also we will be able to assist you in the future as your fellow sellers are not supposed to help a shop that appears to be breaking the law or Etsy rules.

The fact that there are other shops selling similar items only means that they have not been caught yet, or those listings may not contain the same trigger that snared you. Additionally, you do not know how many other listings were deactivated using the same trigger - only those that appear to not have been.

[vintageNCtreasures]

You might want to read the info on the help pages:

https://www.etsy.com/seller-handbook/article/the-ultimate-guide-to-intellectual/22398703823

https://www.etsy.com/legal/prohibited
Especially this part under #5:

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. Examples of prohibited counterfeit or unauthorized goods include replica luxury and non-luxury items like bags and branded apparel.

[OmasFabricStash]

If you list copyright and trademark items then they will continue to get taken down. The Smiley Face was the first obvious infringement I saw and there has been many threads about this. Do you have a license to sell items with the football team names on them?  If you steal other people’s IP names and images then most of them will file a DMCA and Etsy will have to deactivate it. 

[JDTotesnDolls]

What others do is not the issue here.  They may be in trouble with copyright/trademark/patent.  The above sellers are giving good information,  Good idea to read the links they provide.