Listing deactivated for no reason - no response from Etsy

[MinimalistGaming]

My listing was deactivated about 0.5 seconds after I posted it, so clearly an automated system decided it was counterfeit. Even though it's not - it's 3D-printed board game organizer that I designed myself. That same day, a reserve was placed on my account, even though I've been a seller in good standing for over a year. 

I submitted a support request - 3 weeks later, still no response. What happened to "Keep Commerce Human"?? 

[VintageRescueSquad]

It's almost always because you somehow violated IP infringement. Looking at your shop, you mention trademarked names in every listing. This is likely to happen again. I grok that they are designed for specific games, but GET PERMISSION and licensing from the TM holders and maybe it won't.

[SunnytyDE]

I'm guessing it got deactivated because you use trademark protected names. The company that deactivated it (told Etsy to do so) holds the rights on anything to do with their name.

A reserve gets put on every new account sooner or later. Some if they catch IP infringement, some after a few sales. Anything you ship with tracking you get the money released right away.

[BagmakerSupply]

@MinimalistGaming  :  Did you receive the generic response and reply to it with "I Still Need Help"?

Did the listing contain potential trademark infringement like your use of "Harry Potter"? If you have permission to use a trademark you should say so in your listing. It probably won't stop a bot from flagging your listing but may make it easier to get reactivated.

[MinimalistGaming]

Yes I replied to the generic response with "I Still Need Help". 

[MinimalistGaming]

Mentioning a name is not the same as IP infringement. There are hundreds of shops selling organizers for board games that mention the names, and there is no way they are getting permission from that publisher to do so. My listing was flagged by an automated system the very second it was posted, so it was not flagged by the game publisher. And regardless, 3 weeks without a human response from Etsy is not acceptable. 

[OmasFabricStash]

Sorry, but using someone else’s trademark or copyright images and words, like names, is what infringement is. 
Also, what other shops do has nothing to do with your shop. Just because 1000 other people are breaking the law doesn’t mean it okay for more people to break it. It’s against the law whether you are the only one doing it or if everyone else is doing it. 

[SunnytyDE]

Some companies even have picture recognition software to spot IP infringement, so, not using any names can still get you shut down. 

To keep selling your organizers (which are a really good idea, btw) you would have to do it without any names or pictures mentioned and still reach your target audience. You could brand them with your own design maybe? 

As for Etsy responding, they don’t have to because they already told you why. It’s up to you now to make changes. I know this comes as big blow after putting so much work into something and I know that’s why you’re so defensiv about it but take this a lesson learned and try to move on and educate yourself about IP infringement.
This doesn’t only apply on Etsy but anywhere you try to sell. Good luck 

[BagmakerSupply]

@MinimalistGaming  :  "Mentioning a name is not the same as IP infringement." Apparently to Etsy it is. And there is a difference between mentioning a name and using a trademark to promote your product. There are lots of possible reasons why the listing was deactivated. The game publisher may have made a blanket request to Etsy and the bot caught it when you tried to publish. Also, by Etsy's definition of counterfeiting the bot may have seen a trademarked name and inferred that you must be selling counterfeit goods, or possibly that you are reselling. As to when or if you will receive a reply, you can check other forum posts if you believe that misery loves company.

[JMOldeVintage]

@MinimalistGaming - Do read the attached article:

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

[SunnytyDE]

This is actually similar to the whole ‚Kleenex’ debate, where all those listings got deactivated from people making tissue box covers. They used the word Kleenex to describe what it can be used for. 
Those sellers had to adjust their wording and use generic names like tissue to describe it. 
Same for this type of item. Card organizer, playing cards holder, etc. 

[OneEyeCatStudio]

If you cannot sell your wares without using someone else's trademarked name to sell them, then you likely shouldn't be selling them.

Say "But everyone else is doing it!" say "But I got away with it for a long time!" all you want. That was then this is now.

"And regardless, 3 weeks without a human response from Etsy is not acceptable. "

Be careful what you wish for...

[CraftyCornishMaids]

Lord of the Rings

is trademarked

you cannot use those words, in headings, descriptions, tags, or pictures

[nineteen27]

other sellers are having their game tray organizers removed too when trademarked brand names are mentioned.

and etsy does not usually respond to help requests when it involves legal stuff like infringement.

it does not matter if you have 924883483843   5 star reviews and a star seller badge and never been in trouble before.

if the item you sell is not legal... then it is not legal.

speaking with a good IP attorney is the best way to handle this.

[MinimalistGaming]

I appreciate all of the feedback. I did more research into trademarks, specifically "Nominative Fair Use", which does allow for certain uses of trademarked names without permission. For example, selling an iPhone case compatible with certain models of iphone IS ALLOWED under nominative fair use doctrine. My usage falls into that category, though I will definitely add some verbiage around not being affiliated with or endorsed by the trademark holders.... 

I still find it strange that Etsy is unreachable to sellers to help wade through confusing issues like this. 

[CraftyCornishMaids]

the two words

Harry Potter

are trademarked, worldwide, for every single category, you cannot use those two words anywhere to sell anything

etsy follows the law - Trademark infringement means you have to sort it out with the trademark holder, or go to law, etsy will not get involved

It's not confusing, it is straight forwards 

[BootifulLabels]

Fair use means you can say "fits an Iphone" (once) in your description.  It does not mean you can use the character names and images from the game all over your listing photos, titles, tags and descriptions.  The taste test is, are you using the TM words or images only to inform potential buyers, or are you using them because they are popular in the market, and more likely to  entice buyers?  The former is fair use, the latter is blatant Trademark infringement.  Both will probably still be picked up by Etsy's prohibited item bot when the listing is first created, and any time it is renewed after a sale.  However the former will probably be reinstated once an Etsy staffer checks the listing, while the latter could get your shop closed if picked up once too often.

[CuriousityShop]

Harry Potter is DEFINITELY trademarked. At least three trademark holders could go after you. Using the names and pictures from games could get you also.

[AVAArtsSupplies]

You asked, people responded. You disagree, call an attorney would be my suggestion.  Personally, I believe it's infringement and Etsy believes it's infringement. Contact an attorney who believes you are within your Fair Use rights and have them tell Etsy to not ban you. If you go that route, I would have a list for every board game you do and any you plan to do in the future so that it's all encompassing. Some attorneys will talk with you for a free a consult. You might even be able to contact your local SBA or if the US- your local SCORE. Both may have resources to help you or may be able to point you in the right direction to get an attorney.