Listings Getting Deactivated

[itsThready]

Hello,

In the past two weeks, we've had two emails from Etsy notifying us of listings getting deactivated due to "potential counterfeit or unauthorized item"

Currently, they have deactivated an item that we've been selling for around two years - a Custom Embroidered Sweatshirt. As far as I know, we have not broken any rules, and I can't find any reason why this would be happening.

Getting very concerned, as these custom items are very important to our shop. We've been on vacation mode for a few weeks while we moved across country, and all of a sudden Etsy starts deactivating our listings...

Anyone experiencing the same? Or, perhaps we're doing something wrong that we aren't aware of?

Thank you for reading!

[Amaradorn]

Without seeing the actual listing its difficult to say. Are you perhaps using props in the photos which contain visible trademarked brand names or logos? Or is the example text a name which is also a trademarked brand? E.g. Chanel, Tiffany.

[itsThready]

Nope, never any reference or usage of existing brands. We work very hard to avoid allowing anything of the sort.

[ClothingbyLahay]

Hi, if you read through the forum, there are many, many handmade sellers having their items deactivated this week without any way to appeal. It seems an overwhelming zealous bot has gone through and swept up some innocent sellers in the process. 

I had my best seller yoga pants deactivated a week ago for " not being handmade " although I make the pattern, sew and photograph the item and then post them myself. 

I have submitted a support ticket and requested a call back from Etsy. Although my case was meant to be escalated, I still have not heard back from Etsy nor had my yoga pants reactivated. 

I hope your issue is rectified soon

[SeasideRoseCreations]

What was the specific item (that Etsy claims is counterfeit)?

[itsThready]

I can't share the exact item since it's deactivated, but the listing is almost identical to this one:

https://www.etsy.com/listing/1019732946/custom-embroidered-sweatshirt?click_key=f1aca30bcf8f7d355856...

[PFTPAntiqueSales]

I have had a problem this year with them deactivating items and not emailing me to let me know why, or emailing me to let me know they deactivated something. I check SPAM and junk mail and I do get other Etsy emails to the account. Each time the listing has been for an item that meets all of Etsy's standards, but it gets flagged for some reason. I was having a very hard time because they wouldn't respond to requests for help either. 

I found this https://help.etsy.com/hc/en-us/requests/new?segment=selling#issue_sell_manage_listings-callback to be an invaluable tool. They call back almost immediately and you actually get to talk to a real person. They can't do much themselves, but they can escalate the issue for you. They will also sometimes give you a little extra detail regarding why the listing was flagged.

[OmasFabricStash]

If the items were like Sword of Dice and D20 Glitch it’s from a D&D game that is probably trademarked or copyrighted. Did the removed items have any reference to D&D or other infringements on them? If so then that is probably the reason. 

[itsThready]

We are very careful to avoid any trademarked or copyrighted words when creating our RPG items - everything we create is based on common use words and items. Additionally, the deactivated item was not anything from that collection, rather, it was a simple "Custom Embroidered Sweatshirt," in which a customer can choose their own text/logo to add. With these items, we never allow the customer to choose an existing brand name or anything of the sort.

[OneEyeCatStudio]

and yet Etsy, on my front page, in those cute little circles  RECOMMENDS TO ME  "Goonies shirt"  and  "Twin Peaks shirt" and not one that I looked at mentioned any kind of licensing.

And "Goonies"? Really?

[UnJardinParticulier]

Hello, check that it does not carry or imitate any brand on the market because otherwise it does not make sense what they have done. Good luck.

[VintageRescueSquad]

You say "perhaps we're doing something wrong that we aren't aware of". Looking through your nerd section, most of the items reference specfic trademarked names or possibly characters.

Etsy may have misapplied the "reason", but etsy has been pre-emptively removing some items that have trademark issues. It doesn't matter how long you've been selling that item. They are cracking down, and things get deactivated when they are renewed.

[JMOldeVintage]

IMO this is akin to walking on thin ice. Etsy has Safe Harbor status & to be proactive in deactivating listings due to TM/CR/IP issues may not be a good decision.

However some 'handmade' listings should catch Etsy's attention. It's common knowledge the NFL does not issue crafters' licenses yet simply entering the name of one Florida team returned over 4,500 handmade listings.

On top of that, 2 of the results on page one were pipes. No the exact usage wasn't spelled out but let's be realistic. It does make one wonder why how the Etsy bots currently on patrol for "prohibited" listings missed these. And one of those shops with the pipe was a Star Seller. 

[itsThready]

Hey there, thanks for the reply!

For all of our RPG items, we check to make sure we are not infringing on any IPs before creating the designs. We only use words that are common use and not owned or created by any specific company. Words like Cleric, Rogue, D20, Dice, etc, are used by many companies and can't be owned.

With that said, the item in question is a plain "Custom Embroidered Sweatshirt" rather than one of the items in our Nerd Section, and we work diligently to never provide custom work that could infringe on someone else's property.

[PrettyVagrant]

I sold a clip in feather extension and it was immediately deactivated by Etsy for drug paraphernalia.

It in no way could be used for that and I use not a single word or term in the title, tags, or description  that would make anyone think otherwise.

So, no way to appeal.  The email says it can take 10 days or more for them to review THEIR MISTAKE and for those days I can not sell the item.  And there is also the thought that it could add a bad check mark to my account.

Someone is dropping the ball with the programming

[AJugglingEweWoolens]

Wonder if the keyword is “clip”? I’ve been lurking some of the other deactivated listing posts…although each listing was different, I’m not sure I didn’t see “clip” in reference to what was deactivated.  Just a thought…

[HmWish]

I also received two similar emails, and I also place a reserve on my Payment account, saying that it is because the logistics information cannot be tracked

[HakunaMatataSurfCo]

I am having the same issue this weel. 8 listings with potential counterfeit or unauthorized item emails from etsy. Etsy tell me that the contact details are in their email so I can contact the company that is making the claims. I can confirm that in all 8 emails there are no contact details. Informed etsy about this and got an email back in which they state the contact details are in the email! Typical etsy customer support.

[HakunaMatataSurfCo]

Forgot to add.... All the images in the listings belong to me and have done for 14 years.

[OmasFabricStash]

It sounds like a company filed a take down notice with Etsy. If that is the case then Etsy has to remove it. I know if I’m trying to find something, like the name of the company, the more I look the less I see things. Have you tried having someone else look for it? 
What was the designs that were taken down? There are a lot of designs that people don’t know are copyright or trademark designs. 

[JMOldeVintage]

@HakunaMatataSurfCo  - There are real, legally binding DMCA filings. These may done by say XYZ Company because you used their, their client's, Intellectual Property when creating your listings. 
Etsy acts on these immediately, they have no choice in the matter. They do not get involved in the issue but they do send the contact information of the filer so you can contact them about the situation.

Then there are listings deactivated by Etsy due to the possibility they are fraudulent or counterfeit. The deactivation is often done by a bot & no, you will not receive any contact information since the deactivation was done by Etsy. What caused the deactivation - a brand name used in the title, tags, photos, etc? is not detailed.
For these listings you will need to contact Etsy. Reply to the email they sent you if possible. Or you will need to open a help ticket with Etsy. Sending an email will probably be your best option. If you only receive a generic response, reply to that email that your issue is not resolved. Do not open new help tickets, all that does is send you to the end of the line again. Do be prepared to be patient - customer service to shop owners is backlogged.
Note that Chat is outsourced & not really equipped to handle this problem. 

[HakunaMatataSurfCo]

To confirm, there are no contact details in the emails etsy sent me. I did reply to the email and was told by etsy that the compay contact details are in the email. They are not.

The listing/images/item of the images are all mine and the item the images are printed on are used by thousands of sellers on etsy and 2 other selling platforms. I have contacted the brand owner of the item to see if anything has changed in their terms of using their images but I very much doubt it.

[HakunaMatataSurfCo]

And as if by magic, all my listing have now been re-activated.

Thanks for all your input guys.

[RebelJewelleryShop]

I had all my listing reactivated. And then again, as if by magic Etsy started to deactivate my listings. So be prepared for the same again.

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