I joined Etsy yesterday to sell some of my Squarespace templates but one keeps getting removed by Etsy for copyright infringement within seconds. I can confirm the template was built and designed entirely by myself, the images used in the site preview (thumbnails) are all royalty-free with commercial use.
Another thing; Etsy ads aren't working? The budget refuses to spend.
Is anybody else having this issue? Any feedback is appreciated! Thank you
Etsy usually doesn't remove IP infringements, unless they have a take down request from the IP holder. You may have made the designs, but do you have permission to do so actually from Squarespace, to use their name to sell your product. You say royalty free for commercial use? was that from Squarespace itself or from another seller who told you they had permission.
I've just checked the email that Etsy sent and it claims it's being reviewed for potentially being a "counterfeit or unauthorised item".
That doesn't seem correct.
If you don't have permission, a license to use Squarespace, then any item you make would be considered counterfeit.
Squarespace is a TMed name?
I would also guess that Squarespace is the trigger word for your takedowns. It's dangerous to get too many IP-violations -- if you're still listing items, try one without using SquareSpace in titles, tags, or descriptions.
Did you use any Trademarks or Brand names anywhere in the listing? Etsy's prohibited listing filter scans new listings as they go live and looks for a range of words, many if them TMs or brand names which suggest IP infringement or unauthorised copies (counterfeits). Once they are removed, a staff member will manually check them and reinstate them, usually within a few days to a week. A quick glance shows you use "Squarespace" in one of your listings this is likely to be a protected brand. You need the IP owner's permission to use their name to sell items you make.
Surely with the template being purely for Squarespace, it's necessary to use the name when selling it?
For example, if I were to sell a PhotoShop file and label it without using the word PhotoShop the customer would be pretty confused as to what file they're actually getting.
The templates are built in Squarespace so it's pretty important to mention when selling. There are plenty of active listings on the site with multiple uses of the word too.
But are you legally allowed to use it? That's the question. We're just answering your question as to why your listings are getting bot-deactivated.
Take doll clothes, for example. It's pretty important to mention the dolls that the clothes would fit, but those sellers cannot use specific doll names, or even show those dolls in their listings.
I would contact Squarespace to see how they want it worded when you list it. They may prefer you to say "template for Squarespace pages" rather than "Squarespace templates"
If you make the templates yourself, you need permission from Squarespace to sell it using their name. I don't know Squarespace well, but just as an example, if the template was made to work with Microsoft Word, you could say it works for files with .doc or for Adobe, you could use .pdf. This way you are not using a TM without license.
@squarecollectionco You would have to have a license with the company to use their trademarked terms. If they don;t agree with your products they can withhold an okay or even request you pay for a license.
Just because others are doing it does not make it okay. They too will be taken down or they may have a license to use the term.
The term is trademarked and there is this Acceptable Use Policy – Squarespace
I reposted the listing without using the word Squarespace in tags, title, description, etc. to see if it worked and it still got insta-rejected
The website thumbnail to show it's not a low quality design: https://freeimage.host/i/HKXX1Qj
Does Squarespace sell a product that serves the same purpose as yours? If so, they don't want you to compete with them. This is the same reason that Mattel allows you to sell Barbie clothes as long as they are made by Mattel. If you make them yourself, you can't use the name Barbie.
No, using a Squarespace template requires the customer to have and pay for a Squarespace subscription, that can't be it.
Is there anything in your Squarespace subscription (or any of their other policies) that would prevent you from selling on sites not associated with Squarespace? Some can be really restrictive in where you can sell what you create with their templates.
It really could be this. I looked at Squarespace a while back when I was considering opening a website of my own. I believe Squarespace have their own range of templates for users, some free to use, others that cost a fee, most website builders do. I expect they want their customers to use those, especially the ones that don't come free. They may well object to copycat products trading on their name, and they have the right to do so.
"I believe Squarespace have their own range of templates for users, some free to use, others that cost a fee, most website builders do. I expect they want their customers to use those, especially the ones that don't come free"
This is the issue. Every template bought from you to use with the system that they designed and marketed is money out of their pocket. It's basically using their own invention to compete with them. It's a bit like being slapped with your own hand.
I found this in the Squarespace help center regarding templates.
Our template designs are one of the things that make Squarespace special. We take great pride in creating designs that meet our standards of excellence and are optimized for the Squarespace platform. Therefore, we don’t make our designs available for other platforms, and it's not possible for third-party designers to sell templates for use on a Squarespace site.
That sounds pretty cut and dry!