Listing Removed but NO violation in policy

A few years ago I designed and created an item that became very popular. I needed manufacturing help to support the demand. Since then, the item has been copied many times and my design and photos are being used on Alibaba. I take and own all of my own photos but that doesn’t stop the Alibaba vendors. 
Etsy has taken down my listings for these items even though I’m the original designer. The first time this happened I was able to get help by an actual person and reinstated. Now, no matter how many times I ask for support I just get the same response. That I’m not allowed to resell items. I am not reselling items! I am the original designer!!! I have a design degree and 20 years of experience. I list my manufacturer. I don’t list the item as hand made. I’m totally honest and follow the rules. I treat my customers well. I have 1k 5 star reviews. There are other sellers selling my designs—and listing as handmade. And I know for a fact that they are NOT handmade. They’re never taken down. 
I’m super demoralized by this. And I can’t seem to get any help from Etsy. 
Does anyone have any advice on how to get a real person from Etsy to intervene? 

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Re: Listing Removed but NO violation in policy

I can't help you with talking to Etsy's customer service. We are all sellers here just trying to help other sellers.  

After years of neglect, Etsy has finally realised if an identical product photo is available on multiple sites, it makes Etsy look like just another Amazon, Ebay, AliExpress. The result was buyers leaving the site en masse and Etsy's "handmade" reputation in tatters, especially when buyers discovered their $70 item is available elsewhere for $15.  Ask buyers why they shop "handmade" on Etsy it is to buy something really unique and unusual.  They also pay a premium to buy directly from the creative/designer.  The problem grew so large Etsy couldn't enforce the new "creativity standard" relying on pattern matching bots and user reports. Unfortunately there has been a wave of "false positive" reports.  The message to sellers is be more vigilant of your intellectual property being used elsewhere.  

If I was in your situation I would:

  • sweep all the sites I found your images on an document your efforts to remove those images
  • ask your production partner for an exclusivity agreement in your contract if they are using your design
  • have a range exclusive to Etsy
  • have a very discrete watermark to prove the design, and the photos, are yours in the future
  • take new photos of your current range

I know the suggestions will be both expensive and time consuming but it can be written off.  I'm going to assume your production partner sends you finished product samples so you can check the ongoing quality of their work and protect your customer base. If you are working with a "minimum order quantity" - common with most manufacturers - finished samples are usually part of the process.  You can also take your own photos using those samples and sell it direct when that item is ordered.  

I'm sorry.  It's a gut punch to find your work being copied and/or mass produced without your permission.

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OneEyeCatStudio
Conversation Maker

Re: Listing Removed but NO violation in policy

 

"After years of neglect, Etsy has finally realised if an identical product photo is available on multiple sites, it makes Etsy look like just another Amazon, Ebay, AliExpress."

You are 100% spot on, there.

Yet how strange that the Etsy search algorithm still favors items that can be mass produced and sold over and over again.
And penalizes true handmade one of a kind.

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OneEyeCatStudio
Conversation Maker

Re: Listing Removed but NO violation in policy

 

"And penalizes true handmade one of a kind."

And true vintage.

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Re: Listing Removed but NO violation in policy

You have to police your own IP

You should issue DCMA takedown notices against the sites that are stealing your IP,, and use that as evidence to appeal the removal by etsy

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Re: Listing Removed but NO violation in policy

CraftyCornish is right. Filing the DCMA takedowns and sending them to etsy is the way to handle it, as well as SteelHip's advice overall.

Etsy will only react to proof of takedown notices, it seems. And the AI search doesn't take into account the history of your item being reinstated. The process runs periodically and flags it again

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Re: Listing Removed but NO violation in policy

Thank you! This is great advice. And a lot of work. I have been changing my photos every so often but lifestyle photos are time consuming and expensive as you all know.  
I had no idea about DCMA so thank you for that. 
The lack of service for sellers is awful but that’s a whole other issue. 

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Re: Listing Removed but NO violation in policy

LOL, it is DMCA. Digital Millennium copyright act.

there is a DCMA, but that's the defense department contractor management agency...

I make that mistake ALL of the time! Now, I go 'digital MILLENNIUM...' before I type it out.

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Re: Listing Removed but NO violation in policy

Your items are showing up all over the internet, including alibaba and dh gate. Same exact pictures. 

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Jewels2at
Community Maker

Re: Listing Removed but NO violation in policy

Your listing:

https://www.etsy.com/listing/1808817979/tennis-backpack-tennis-tote-tennis-bag?click_key=e341c8068b0...

is on all these websites:

Runway Athletics, Keyo & Co, Flair Play Active, Tennisthink.com, Temu

I found all these on Google Images.

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Jewels2at
Community Maker

Re: Listing Removed but NO violation in policy

Do you think your production partner is selling your design to other sites?

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Re: Listing Removed but NO violation in policy

Contact a person at Etsy with authority to assist? Lawyers.

Get Etsy to intervene on your behalf? Lawyers.

Protect your design from counterfeiting? Lawyers. 

 

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