My Star Seller costume shop has been suspended with no email and no explanation

[alohagirldollclothes]

(First of all, this is concerning my costume shop, not this shop).

This morning I awoke to a notice on my shop page stating that “AlohaGirlCostumes is currently not selling on Etsy.”  I cannot believe this is happening.  That shop has been opened since 2011 and I am a Star Seller.  I have no outstanding fees.  I construct every single costume with my own two hands!

I have yet to receive a message of explanation from Etsy as to why my shop was suspended.  I have already filed an immediate appeal.  I haven’t been able to find any workable phone numbers to call.  I have orders on my list and customers waiting. 

Can anyone help?

[CryzalisDesigns]

It may have something to do with the Cosplay costumes, Elsa is trademarked so are all the Disney costumes.

This is probably why your shop was closed down.

They will most likely refund outstanding orders to your customers 

[CraftyCornishMaids]

your whole shop was trademark infringing

just hope you don't get taken to court, or your etsy shop will be the least of your worries

[alohagirldollclothes]

@CryzalisDesigns Thanks for responding.  I have never used that name in any of my listings.

[audreytherese]

I can see in a cached version of your shop on page one, 'Snow Queen Elsa Cosplay Costume...'

It was one of your four featured items. 

[CryzalisDesigns]

Doesn't matter, they use image search now and Elsa was mentioned on your listings (cache) and your main website.

So is Snow white, Ariel, Cinderella, Bell etc..

If their lawyers contacted Etsy to take your shop down for IP infringement, then they now also know about your website.

[CraftyCornishMaids]

Outlander, Rapunzel, Merida "inspired", Mary Poppins, ... etc

[alohagirldollclothes]

@CraftyCorniahMaids - Just to clarify… you’re saying that anyone who makes any cosplay costumes are banned from Etsy? Anyone who makes anything g similar to any movie costume should be banned?

[audreytherese]

It's not that black and white.

But basically yes, you can't make costumes and call them by their protected character names. That's infringing. 

[CraftyCornishMaids]

You cannot use trademarked words.

and all the words above are trademarked for clothing

If you want to use their trademarks, you have to apply, and if they approve you, you will have to pay a lot of money for the licence to use their trademarked words.

you can sell the items, (if they don't have design rights on them)  but not on the back of their trademarks, which they have paid millions for

[CryzalisDesigns]

Yes those are the rules.

I make items for cosplayers all the time, my items appear at Comic Cons around the world.

I was not educated on fanart several years ago until Ubisoft contacted Etsy to have one of my listings removed.

It was not even an item which looked like an item in assassins Creed, but a cosplayer at comic con used my design as part of his cosplay and even though ubisoft admitted in writing to me that it was not my design which was the issue, but having the cosplayer dressed as a Assassins creed character and me using the image he sent me, wearing my mask as part of the character.

So yes, it is down to us to learn and educate ourselves what is allowed and what is not.

But my shop was not entirely full of trademarked items.

[OneEyeCatStudio]

@alohagirldollclothes 

It's really very simple.

Without explicit permission, you cannot use someone else's copyrighted or trademarked material to enrich yourself.

To clarify .....  you can until you get caught.

[NanaLetha]

I found your Shopify site - that's also filled with trademark infringement! Disney is very aggressive in taking people to court.

[alohagirldollclothes]

I now understand that this names are also off-limits.  I honestly didn’t realize the name “Elsa” had a copyright.  Good grief.  I will change the listings on my website.

[CryzalisDesigns]

They search the likeness of images now as sellers try and not to use the wording in text.

You are obviously very talented at making costumes, believe me, Cosplayers like different unique designs which stand out.

Read up on trademarks before they go after your main website as well

[audreytherese]

You may have also gotten in trouble for fee avoidance. In your announcement you are were directing people to your own standalone website with a discount code, which is strictly against the rules. 

It is allowed to say something like, 'check out my website for a larger selection to choose from'.

But you can absolutely not say 'My new website is now LIVE - visit <your site> and use code ETSY10 to receive 10% off your first purchase!'

You are directing people away and saying you'll give them a discount for buying from you direct. That's like the literal definition of fee avoidance. 

[alohagirldollclothes]

Thank you all for your input.  I have learned something new about infringement.