Need for Fairness in Handling Infringement Claims - Let's Unite for Change!

[#1]

Hello Fellow Etsy Sellers,

I hope this message finds you well. Today, I'm reaching out to the community to discuss a concern that has recently affected not only my shop but potentially the integrity of our marketplace as a whole. It's about the process Etsy uses to handle infringement claims and the immediate action taken to close listings based solely on these claims, without concrete proof.

Recently, my listing was shut down following an infringement claim by someone outside of our Etsy community. This action was taken without any solid evidence to support the claim. As sellers, we understand the importance of respecting intellectual property rights, but it's equally important that our rights and our hard work are not undermined by unverified complaints.

This situation has led me to believe that we, as a community, need to come together to discuss how we can encourage Etsy to implement a more balanced approach. One that protects the rights of copyright and trademark holders, while also safeguarding sellers from unjust accusations that can unfairly impact our livelihoods.

Here are a few points I believe are worth discussing:

The necessity for Etsy to require more substantial proof from claimants before taking action against sellers.
The potential for a more transparent dialogue between Etsy, the claimant, and the seller to ensure that all sides are heard and that fair decisions are made.
Strategies we can employ as a community to advocate for these changes, ensuring that Etsy remains a platform that supports and protects its sellers.
I invite you all to share your thoughts, experiences, and any suggestions on how we can collectively address this issue. It's crucial for our voices to be heard, and together, I believe we can work towards a more just and supportive Etsy community.

Thank you for taking the time to read and contribute to this important discussion. Looking forward to hearing your insights and ideas.

Warm regards,

PersonalizedbyQueen

[PersonalizedbyQueen]

@audreytherese we do not have to list all of our employees on Etsy. It is suggested but not required. Also, I am aware what is IP and what is not. I am not the only seller who have same issue. 

[UniqueGiftOrnaments]

@PersonalizedbyQueen      I don't see you "respecting intellectual property" when you are using Taylor Swift's name.

[PersonalizedbyQueen]

I am not talking about another listing. My listing losed by Etsy you cannot see it just check my reviews to see the item it's custom photo shirt

[bradgoodell]

Before demanding Etsy do something, perhaps brush up on what the DMCA is, how IP law works, and what Etsy's legal obligations are.  

Here is a good article to start with:  https://www.upcounsel.com/intellectual-theft

And here is the law:  https://www.copyright.gov/dmca/

You can also read Etsy's various articles on IP here:  https://www.etsy.com/legal/ip/

Reading is a fundamental party of understanding business and law.

[PersonalizedbyQueen]

thank you for the info. I already know my rights my listing is not fit with the description. Because I created the design and it's custom photo listing.

[hopeandjoystudios]

Creating the design means nothing if you are infringing. You seem to keep skirting the question of what it exactly was. If it was a Taylor Swift item as some are saying, that is an issue as you have found out. Taylor has TMed her name for tshirts. If you were not using Taylor or NFL IP then you need to get a lawyer to rebutt it. IF it was a copyright removal you can file a counter notice but be prepared to be sued/taken to court to prove your right to the IP. If it was a TM takedown you can't counterclaim you have to contact the company that removed it if you think it was in error and if they agree they have to tell Etsy to reinstate it. Etsy is just the middle man here. They do what they legally have to.

If there was no infringement it may be that your shirt photo was stolen and used on another site like Temu. Etsy has a bot that  has been removing items like that ..that are sold on Temu and here..but if they steal your photo you get caught up by the bot. If that is the case you need to talk to Etsy .

[CraftyCornishMaids]

a shop with

go Taylor boyfriend football shirt,  with 87, is going to get problems

[OneEyeCatStudio]

It looks like karmic, if nothing else.

[VINTAGEbytheMAGPIE]

@bradgoodell and I would add as is writing your own copy 

[JMOldeVintage]

@PersonalizedbyQueen  - I'll suggest reading this from Etsy:

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

Realize that in addition to the photos you use, your description & tags need to avoid any IP issues.

Next possibly consider reading this:  https://www.etsy.com/legal/handmade

You can sell POD items here on Etsy. But the design printed on the t-shirt, etc. is supposed to be your original artwork. 
The "non-Etsy community member" who filed the DMCA might be the original artist behind the listings that Etsy deactivated?

If the listings that were deactivated are all designs where the only thing printed on the tee is a photo provided by the buyer then I'd suggest contacting an attorney to see what they believe you next best step should be. One next step might be a counter-claim but you want to be sure you are 100% in the clear before filing this legal document - the counter claim. 

[AutumnHollowStudio]

Somehow I feel that this thread isn't going the way the OP hoped it would

<insert Homer Simpson gif>

[JustMeToo]

@PersonalizedbyQueen   With 41,974 sales, it seems you had quite a successful run before this happened.  If you think you are 100% in the right, there are legal actions you can take.  I don't think other sellers will jump on the bandwagon with you, however.  The problem seems to be yours.

[ArtDollsbyJD]

@PersonalizedbyQueen   Etsy is only the messenger.  They have safe harbor status and therefore cannot interfere  All they can do is remove the item (and legally they have to do so until the dispute is settled) and deliver the message.  After that it is between the seller and the holder to come to terms with the issue.

With copyright, especially if the item is registered, there really is no way to resolve except if you think it is incorrect to counter claim.  Etsy will place the item back up and it is up to the holder to take further action.

With trademark, if the goods and services indicates the company holds the trademark for the item in question, the seller needs to remove the term and then ask for an okay from the holder and then ask them to tell Etsy it has been resolved.

Patent I have not dealt with but I'm thinking it is close to copyright.

If you received notice and a registration is not included, ask for it.

If this is a foreign company, many of them have been registering their trademarks with TESS.  And according to the Berne Convention all countries participating agree to uphold each other's regulations in this matter for copyright and trademark. 

If you have employees as I see noted above in another reply, you need your about page where you list all people in your shop. 

You may need to consult with an IP expert.  I saw you said it was a custom t-shirt.  If that photo belonged not to the buyer but someone else, the owner of the photo can file for infringement. Even fonts can be the subject of infringement.

But as for Etsy, as said before, they are only the messenger.  They cannot take sides in this process.  They can only do what they are legally required to do. 

[MagicalProp]

I totally agree with you, Etsy took down my listing for alleged IP infringement. This is the fake domain: infringmentreports.com

Which is not a working website, used by someone to take down shops and listings around the web. It's amazing how easily someone can destroy you with fake account and fake complaints.

Short search on google could solve the problem if someone from Etsy would have done their job correctly. I reached Etsy many times but nothing done from their side, the only response was to reach out the fake person to remove the complaint. It's looks like no one cares as long as they get their money. 

So yes something should be done from us as sellers on this platform and we must fight against false reports and Etsy policy. 

[PoochandTabby]

You're literally selling illegal Harry Potter items, unless of course, you have a license to sell them, which I don't see in mentioned in your shop or listings. 

Considering Warner Bros does sweeps of Etsy (HP is trademarked by JK Rowling and Warner Bros), and I know this because their lawyers came after me when I first started, I can tell you their lawyers do not play. 

No one will be standing with you in this "fight" if you're not licensed to sell those items. 

[ModJuan · Accepted solution]

Hello there!

Just a quick reminder about our community policy regarding posting in old threads. We noticed you recently posted in an inactive thread. We prefer not to revive threads without recent replies. This is to keep the forums organized and focused on current discussions, making it more engaging for all.

If a thread hasn't received replies in months or even years, please hold off on posting in it. Start a new discussion for your specific question or topic instead. Thanks for understanding and keeping our community awesome.

If you have any questions about how the Community Forums work, please read our Community Policies.