My Etsy store is delayed?

[NachosTea]

For a couple days now, I've noticed that both the browser and app version of my store have a lot of delays with processing information. It says that people are favoriting my items but when I look at the notifications, it doesn't show up at all, so I can't see who is favoriting things. I also can't see people leaving items in their cart even when it normally would show up and if I look as a customer at my page, I can see it.

Now a friend of mine purchased something through my store, it's already been a couple hours but their order doesn't show up and I don't get an email either?

Does anyone know if such a long delay is normal and how this can happen? I already cleared my internet history and even tried a different browser, but it doesn't change anything. 

[GieseDeseiGns]

How did your friend purchase, did they use your ip address, Etsy’s processor may be checking as they may think you are purchasing your own item.

[NachosTea]

They purchased it through their own account and do not live with me. I was just chatting with them on Discord about it, which is why I know they ordered it.

[mommawhazelsquilts]

We are encouraged to not help sellers that are breaking the rules on what can be sold here.

You qualify as one of those.

[NachosTea]

I don't understand what you mean. Why is what I sell not okay??

[mommawhazelsquilts]

Infringement.  Counterfeit.  Possibly not handmade.

Read the rules for what can be sold here.

[NachosTea]

I am an illustrator and design all the items for my shop myself. I don't break any rules from Etsy. Please don't accuse someone of something if you don't know!

[bradgoodell]

@NachosTea 

You can illustrate and design your own items, but if someone else owns the Intellectual Property, it is still infringement.  Someone else owns the IP for Beetlejuice, not you.  It is both trademarked and copyrighted.  Doesn't matter if you drew it yourself, someone owns the legal rights to it.

Selling a product that is created using someone else's IP is considered selling counterfeit goods, which is illegal.  Fan art is fine to make until you put a price tag on it.  Then it is illegal.  

Sorry, I know that isn't what you want to hear.  But selling illegal merchandise has a lot of potential repercussions.  Going for easy to hard:

• The IP holder reports you to Etsy and Etsy removes the listing
• Etsy drops your shop in search
• Etsy puts your funds on Reserve for up to 6 months
• Any buyer dispute, Etsy refunds out of your pocket
• You lose all of your Seller Protection
• Etsy refunds your last 6 months of orders out of your pocket, shipped or not.  The buyers get to keep the product.
• Etsy puts your shop on forced vacation
• Etsy closes your shop and bans you from selling on Etsy

Yes, this does happen and yes, sellers have lost thousands of dollars due to forced refunds due to IP infringement.  And that list doesn't include the legal actions the IP holder can take against you.

Once again, sorry.  I know this isn't what you want to hear, but it is what you need to know.

[BagmakerSupply]

@NachosTea: "... design all the items for my shop myself." As @bradgoodell points out, it would appear to be irrelevant in this situation.

"I don't break any rules from Etsy. Please don't accuse someone of something if you don't know!" If we 'don't know' it is because you have failed to include YOUR licensing information for all of the trademarked and copyrighted names and images in your shop within the listing. You do not appear to even make the intellectual property ownership attributions.

[JJewellerySuppliesUK]

Maybe clear your cookies and cache or try logging in with a different browser. 

[NachosTea]

I have tried this but it sadly didn't help :"(

[mommawhazelsquilts]

You are using other entities name.  And, yes, I do know.

[NachosTea]

You haven't heard of artist alley artists have you?

[mommawhazelsquilts]

Nope.

But I have heard of Beetlejuice - a movie.

I have heard of Baldur's Gate - a video game.

I have also heard of Stardew  Valley - another video game.

Pretty sure you don't own the rights to any of these.

As I said, read the rules.  Just don't say you weren't warned.

And, don't say inspired by - that doesn't fly either.

[vintageNCtreasures]

@NachosTea 
You might make / design those items but you did NOT come up with all those trademarked names.
You're profiting off (stealing) other companies trademarked items. 

You can NOT use a brand name to sell those handmade items without permission from the trademark holder.
Without permission those items are considered counterfeit and illegal to sell anywhere.
Saying "inspired by" only means you know you don't have permission to use those famous names.

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

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

[NachosTea]

Of course I'm aware and understand the concept of property infringement but wasn't aware that Etsy was so stict on this, considering there are many artists on Etsy who sell their fanart and these are artists who are all part of the artist alley community, where selling fanart is a very normal concept!

I appreciate you showing me the information about Etsy's rules on this. However I'm still confused as to how it's such a big thing on Etsy when it's not allowed? I see so many people sell handdesigned fanart here?

[vintageNCtreasures]

Etsy does not vet sellers, they expect sellers to know the rules.

Sometimes Etsy does remove items as soon as listed because the seller used a prohibited word.

What others sell on Etsy is no indication that it's ok to sell those items.

You also don't know how many shops Etsy closed down yesterday, last week, last month or last year for selling counterfeit items.
Or how many of those sellers were sued by the trademark holders. 

There're 10'000's of items that shouldn't be sold here, yet they are.
Sellers buying from Walmart, Nike,  etc and claiming those companies are their production partner when all they are doing is reselling. 
Sellers claiming items are vintage that are not or sellers making medical claims. 

You can make fan art and give it away but you can't sell it to make money.

[PlatypusDream]

“Fan Art”, like that you see at Artist’s Alley” at conventions is actually not legal to sell unless you have licensing permission from the company you are copying from.

Conventions lie somewhat in a grey zone. Somehow they get away with it as the IP owners look the other way.

The open internet is a completely different animal. Anyone can see you stealing the names and character designs from famous movies and anime and profiting commercially from them. Any of those companies can pursue you legally. It could be a cease and desist… it could mean you get sued. It does happen.

Take the time to educate yourself about intellectual property law.

[NachosTea]

I am aware on intellectual property law and know this is a grey area. But since so many artists are selling their fanart online (it's a very popular way to get started as an artist), I didn't see how being one tiny artist in a sea of people selling fanart online could be an issue. Of course I'm aware there are reprecussions but I'm also aware it happens very rarely as a lot of companies don't mind fanartists as long as it doesn't take away from the company's popularity. I understand it's risky and I'm now aware that Etsy doesn't allow it, so I'll have to be careful and not throw it online. Thank you for reaching out with this information and helping in understanding the deeper issues that lie in selling fanart.

[NachosTea]

Thank you to anyone reaching out about the copyright infringement rules, but I am aware about this now so I don't need to be reminded of this any more thank you If I have any questions on this I'll reach out to the people who have replied!

[mommawhazelsquilts]

Removed by me.  Not worth it.

[steelhipdesign]

Copyright is only part of the problem.  Etsy takes trademark infringement far more seriously than a DMCA.  

Far too many sellers think copyright and trademarks are the same thing.  They are very different laws, protecting different things in different ways.  They are administered by completely separate agencies in the US.  

Just using a trademark (words) anywhere in a listing is TM infringement regardless of what the item is, looks like or who created it.  An example: I can legally sell a hand carved wood wand but if I use "harry potter" in the listing, I'll be getting a strike from Warner Bros.  You can't use their TM words, to attract their fans, for your profit.  If a buyer can search for and find the listing, so can a studio lawyer.  Some sellers, on their last warning, will try terms like "magical child" or "wizard boy" but it really is futile.  Images are now being scanned for illegal IP use.

As a creative, I'm sure you would have a problem if someone used your name/shop name in their listings/tags to divert your fans away to their shop.  You'd also be concerned about your name on a product that you didn't approve of and may be dangerous, offensive or just bad quality.  

You only get one shot at Etsy using your identity and credentials.  Once banned, there is no coming back.  With IP Etsy doesn't even offer an appeal mechanism.  

There is a lot of Etsy history lore regarding the IP issue.  Some early sellers found IP that was abandoned so there was no risk of strikes so it remained up. Other sellers followed, thinking all pop culture is fair game.  It's not.

There is no point making items that will only sell using a trademark.  Use the TESS trademark database to check, but 99% of fandom will be protected.

[NanaLetha]

@NachosTea  There is nothing gray about it. It’s breaking the law. 

[LastCentury]

Do some research on EU selling laws and how you need to comply with those regulations as an etsy shop.

[mommawhazelsquilts]

@NanaLetha and @LastCentury.

This "artist" has made it plain that we are not to be believed and that the listings will stay.

I'm sure many reports have been sent to Etsy and this is one of those shops that will be back in the forum claiming "but I did nothing wrong and my shop is closed".

Unfortunately, we see it every day...it never changes.