Recurring Fake DMCA Notices Affecting My Top-Ranked Product Listing

[#1]

Hello Etsy community,

I am writing to seek advice and assistance regarding a distressing issue I have been facing on the platform. Every month, I receive fake DMCA takedown notices targeting my main product listing, which has always been ranked on the top page and significantly contributes to my business success.

These fake DMCA notices are submitted by a 3rd party entity, and their website and email information are provided in the notices. However, when I attempt to contact them to address the matter, they claim to have no knowledge of the situation, leaving me in a state of uncertainty.

What's even more frustrating is that, after around 10-12 days of no response from the 3rd party, my listing is automatically deactivated. This repetitive pattern severely disrupts my ability to conduct business effectively, and it seems like a deliberate attempt to hinder my success.

I would like to emphasize that all the images and content used in my listings are entirely original and belong to me. The 3rd party sending the notices does not specify any valid reason for their actions and merely provides a category link of over 100 products to Etsy for review.

Despite reporting this issue to Etsy's support team, I have not received adequate assistance. They seem reluctant to investigate the matter thoroughly and have not taken sufficient action to protect my listing and reputation as a legitimate seller who uses all their content and images lawfully.

As a seller who values Etsy's platform, I find this situation deeply unfair and detrimental to my business. I would appreciate any guidance, insights, or support from the Etsy community on how to address this recurring issue effectively.

Thank you for your time and consideration. I hope together, we can find a solution to protect honest sellers like myself from such malicious practices.

Best regards, 

Anthony

[BagmakerSupply]

@SPJewelGifts: You must file a counter claim before the 10 time period for reactivation starts. This is not a substitute for a qualified intellectual property attorney, but you may find some useful information in https://copyrightalliance.org/education/copyright-law-explained/the-digital-millennium-copyright-act...

[SPJewelGifts]

I did, last time in June I did and recover properly, but the main issue is, business totally destroyed during this wait of 10 days and then again active. this is the main issue and frustrating thing.

[shopHomeMaven]

Hi Anthony,

This is also happening with my shop. It is incredible disheartening .They are taking down our best selling products. Everything on our shop is 100% original. 

They are doing exactly what you described. They are reporting our listings to Etsy. The listing they report on our shop has NOTHING to do with their IP claim. The link they provide of the "IP" is just fake website with a bunch of stolen photos from Etsy.  The company is not real.

They have reported our shop 3 times in one week. I am at a lost and I continue to counterclaim but I do not know what else to do.

[SPJewelGifts]

@shopHomeMaven 

I DM you, please checked and sorry to hear that facing same, so far, how many times you got violation notice?

Last time I got in 17th june that was recover after counter back, but main problem is that the business totally messed up in that days when our listing on top, that lose hurts me. Seems someone personal issue with us.

[StonesAndLeatherUS]

Did you read the license agreement for the free photo's? There are things you can use them for and things you cannot use them for. There are rules that the free photo sites have. They pick and choose what you can use the free photos for, not you.

[SPJewelGifts]

@StonesAndLeatherUS 

I already mentioned that it is not about pictures, it's about jealously, I have 40 products more on shop using the same images from pexels etc. but always getting dmca on top selling items why not others?

If you think, this is real owner, then mention and clarify the main reason in DMCA notice, all was blank just category link, nothing else.

So, I confirmed from 3rd party and they confirmed it is not send by our side. so now what you will say on this?

[JMOldeVintage]

@SPJewelGifts  - If you know for a fact that the DMCA's being filed are because of jealousy, which would be shop interference in Etsy's eyes, then you will need to contact Etsy.

Have all the information on the DMCA's filed handy & include copies of the filings in your email to Etsy. Send Etsy copies of their replies to you - that the company/filer mentioned in the DMCA has no record of filing them. Explain that your counter-filings are not contested, etc. Then you will need to be very patient as Etsy's customer services to shop owners is quite back logged.

While you're waiting I suggest you review all your listings - the titles, descriptions, tags - for any possible use of another company's CR/TM. Make everything written "yours". Update your photos - use photos you have taken - eliminate the possibility that downloaded photos from other sites are the issue. 

You should also consider contacting an attorney familiar with IP law in case this scenario continues. 

[CoquetteBath]

At this point, everything that everyone is saying is speculation.

we don't know. We're hearing one side of your story. Not saying that you are telling fibs, but...both sides of all issues is critical.

Etsy also cannot take sides. They don't know, either, and they don't have the manpower to check out this (even if they could...legally...and they cannot).  Since you hide your sales, I have no idea how anyone can 'target' your best seller.

You may have to consult with an IP attorney. I would suggest you consider that.

[StonesAndLeatherUS]

@SPJewelGifts Well I could tell you but you seem to know  all the rules with everything.

[STLBundleShop]

Etsy is not doing anything about it. This is really unbelievable. How can they ignore such a vulnerability?
Anyone can file a fake DMCA report using the etsy reporting portal. He adds the link of any website to the report and even if he complains about an unrelated product, Etsy removes it immediately. Sellers have no security. The same thing is happening to me. I emailed Etsy many times, proved that the complaint was fake, reached out to the company and the person mentioned in the complaint, and showed Etsy that the complaint did not come from them. But still nothing has been done about it. Only people who really have copyrights or patents should be able to send a DMCA. Etsy needs to do something about this because it's not going to be good for them, people are going to stop selling on etsy. Because jealous rival stores will always send a DMCA and people won't be able to sell.