Received final policy violation warning from Etsy on my star seller dashboard

[Treasurebond]

I haven't violated any Etsy policies nor have they informed me about any violations via Email. I just opened my Star Seller dashboard normally and found the statement on the top of my dashboard.  " Your badges were removed because you received a final policy violation warning. Learn more about our requirements. " But my badges are not removed I have a smooth dispatching history badge and this is still active. How do I contact them and resolve this issue? Is there anything I can do to avoid any further violations as I don't know the reason behind this warning.  

[CryzalisDesigns]

Your badges have been removed, I can not see however why. You will need to contact Etsy, but if it is a final policy warning you may not get a reply

[CryzalisDesigns]

Have you had by any chance someone try and take down your "positive potato" listing in the past?

[VintageRescueSquad]

I'm not seeing your badges.

Many of your items seem to be available on well-known wholesale sites, despite your claim they are handmade.

To "avoid any further violations", make sure everything in your shop is handmade by you. Image recognition often results in these warnings.

[ThePurplePuppy]

I think I read somewhere that "positive potato" is trademarked. If I were you I would check up on this and deactivate that listing until you know.

[audreytherese]

No, it was only submitted for TM last summer. As soon as they applied they started jumping the gun and fraudulently issuing takedowns. 

[PlatypusDream]

"Positive Potato" is TRADEMARKED. You can't sell them without permission, no matter how lovingly you handmade them.

Remove that item or risk permanent shop closure.

Your "Unique" wooden plant stands are identical to those being sold on Aliexpress and Temu:

Aliexpress link 

Are you reselling these as "handmade"?  That would be a policy violation.

[CryzalisDesigns]

It is not trademarked.

Someone applied for it late last year.

Then she went around Etsy threatening sellers who were selling "positive potato" ordering the removal.

Those that did not comply she reported to Etsy

Just rechecked the trademark and seems the initial one may have been thrown out, as the location has changed, so has the name and the stupid scribbled potato drawing is no longer showing and there is a different application date

Here was the original thread

https://community.etsy.com/t5/Managing-Your-Shop/Intellectual-property-violation/m-p/143544084

But reselling could be an issue

[ArtDollsbyJD]

Positive potati is pending.  It is not yet accepted as a trademark

[ArtDollsbyJD]

There should be a notice in your email.  Try your spam email.  It is also possible the email was stopped by yoour email service.  You will need to talk to Etsy about this.  

[BagmakerSupply]

A trademark does not have to be registered with the United States Patent and Trademark Office to provide the trademark owner with protection.

[Chrysalism]

.

[audreytherese]

While that's technically correct, it is much harder to protect a TM that is not registered. They can't just apply for a TM and start issuing takedowns. That's not how a common law TM rights work. The protection afforded to them is not as simple and straight forward as it is once it's gone through the full registration process. 

[NancyQstudio]

In addition to what's mentioned above have you checked to see if your items are also listed on what Etsy considers to be competing sites such as Temu? These items are taken down by bots.  

[AnniebelloPaper]

a quick google search shows your positive potato listing photos on all the usual suspect sites ... Ali, Temu, Amazon. 

[GroundZeroCreations]

Actually, the IP owner can issue a DMCA Takedown Notice without a registered mark. The only time not having it registered might bite them in the rear end is if they want to file a lawsuit. It can be done, but it is much harder to prove in a court of law without a registered mark. 

I noticed that the OP is using a lot of images of people on their listings. I am wondering if they have rights to do that. Perhaps someone that is in those photos is complaining because they are using their likeness for making money. Maybe ????

[CraftyCornishMaids]

go to your inactive listings - are there any there that have been taken down?

your items have "toys" as tags, but are not UKCA marked (also, anything that may be considered as a toy by an under 14, is classed as a toy)
 more info from etsy here

https://www.etsy.com/seller-handbook/article/1092191535409

extracts....

If you are a seller based in the UK or are selling products to consumers based in the UK, you must make sure that you meet all applicable safety, labelling, and other applicable UK legal requirements. It is also important that you understand UK authorities’ expectations for safety, compliance, and conduct.

As a general rule, you should make sure that your product or its packaging includes all required instructions and warnings for safe use. You should also make sure that the product is labelled with the name and address of the manufacturer or importer. For better traceability, including product or batch reference for identifying when and where the product was made is also recommended. The UK has also adopted the UKCA mark, similar to CE marking in place in the EU, which serves as an attestation that a product meets relevant requirements. Products covered by legislation requiring the mark cannot be imported or sold without it. For more information on UKCA marking, please see here.

[GlassSlippersByJane]

Just out of curiosity, clicked on two listings - both are listed on Temu.

[BlueBirdRetro]

I found the positive potatoes on Amazon, they had little hats.

[GroundZeroCreations]

Reading through the various comments in this thread, it appears the OP is likely violating multiple policies and possibly even guilty of IP infringement.

[TBQSC]

@Treasurebond  There are MANY items in your shop that violate Etsy's handmade policy ... handmade means, physically handmade by you (not by someone else)!  All these items are not handmade by you, as you declare ... they are actually commercially mass produced & sold worldwide by many different vendors.  Reselling handmade is against Etsy TOU!