Recurring Fake DMCA Notices Affecting My Top-Ranked Product Listing

[SPJewelGifts]

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

[bradgoodell]

Legally, Etsy is required to remove a listing when a DMCA is filed.  You can file a counterclaim, and Etsy is then allowed to put your listing back up after 10 business days.

You aren't a big shop, I do wonder why someone would target you.  Could it be someone you know?  It almost sounds personal. 

Your only choice at this point is to get an IP attorney,  Maybe a letter would be enough to dissuade them from continuing.  If not, you will have to pursue them in court.

Sorry, there are no easy fixes.  Good luck!

[SPJewelGifts]

Thank you, would you mind to elaborate "IP attorney" more, what is it?

[bradgoodell]

Intellectual Property attorney, i.e. an attorney that specializes in copyright/trademark/patent law.  

[bradgoodell]

I do think this needs addressing:

"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."

Etsy's support team isn't reluctant, their hands are tied.  The US DMCA law is quite specific.  If a DMCA is filed, Etsy must act on it.  Only a court can decide IP issues.  Etsy cannot.  Also, Etsy is not responsible for protecting your IP, you are.  Legally, only you or your legal representative can defend your IP.  

Hope this helps.  Once again, good luck.

[SPJewelGifts]

Thank @bradgoodell. One last question, If after 10 business days, not get any action from 3rd party looks fake. So my listings again able to activate. But important question is that, is that violation will be count in my shop or not? 

I heard, after getting four violations like handmade listings, dmca, trademark or ther, shop will permanently suspend. 

So in my case, as I got 2nd violation, the first one I counter and not replied from party in june. And hopefully this one also I can counter successfully, so it will not hurt my shop, if I getting same violation every month from fake company and I counter back, just resolve it please. Thank you.

[bradgoodell]

Talk to an attorney. 

[ArtDollsbyJD]

@SPJewelGifts   Trademark is not one that can be countered.  Copyright can be at 10 days.

It sounds like you may need to do some research into whether or not you are facing trademark/patent or copyright infringement.  I know the laws in the UK are different but have you checked to see if the letters are coming from the US or another country?  

Looking at your items I would tend to think this is something personal being done by someone as @bradgoodell  says sorry to say.  If the first contact was confused maybe their company name was used by someone not from the company. 

DMCAs are a legal piece of paper.  You could investigate this with a lawyer and they could right a letter of cease and desist which could also warn the other party they are breaking the law for filing a false DMCA.

Etsy cannot take sides in this.  They have to follow the law or face negative consequences.  That's why you have to be proactive to protect your business.

Best wishes.

[Z2Nstudio]

@SPJewelGifts Hello, I am also in trouble with fake DMCA reports. Another shop owner on Etsy is sending fake reports to all the shops that appear on the first page in the same category. I send them a screenshot of the DMCA report and send them an email saying that it is fake and to reactivate my products. after a day or two Etsy confirms that the report is fake and the report is withdrawn. However, the person who sent the fake report prepares a new report with a new e-mail address in a few minutes and sends it again. I have been dealing with this for the last 3 months and it seems like it will continue forever because etsy does not take any steps to prevent this. Yes, fake reports are taken back by etsy when they are reported, but it still doesn't affect the total number of DMCAs coming to the store. Because of these reports, a few stores I follow that sell in the same category have been shut down. So even if the reports are withdrawn or your listings are activated after 10 days when you appeal, the store is closed after about 10 - 15 DMCAs. this is not fair. i have read that there are even stores that are blackmailed for money in this way

[JMOldeVintage]

Normally when Etsy receives a DMCA from the CR/TM/IP holder the listing is immediately deactivated.
Etsy will provide you with the information regarding the person/company that filed the DMCA.
As bradgoodell mentioned, you can file a counterclaim & if no response Etsy will reactivate the listing.
If you do a counterclaim, be aware of your legal obligations that go along with this.

The DMCA that is filed does sound rather "generic", if indeed the filer is providing 100's of product links. However I guess we need to assume that they have completed everything to Etsy's satisfaction. It may be possible for them to file and report many shops at one time?

I am assuming that your stanhope jewelry is listed as Handmade because you add the personal photos that are viewed but that you may be purchasing the jewelry items 'in bulk'? If so, I can only suggest that all the photos used be taken by you & that the "projected" image/photo also be yours. Don't use anything your supplier may provide - possibly they are the only company allowed to use these photos?

Your best legal recourse may be to contact an attorney who is knowledgeable about IP issues.

And will add this link from Etsy:   https://www.etsy.com/seller-handbook/article/the-ultimate-guide-to-intellectual/22398703823

[bradgoodell]

@JMOldeVintage Good point.  the name Stanhope is trademarked in the US and the UK, under a variety of products.  

[SPJewelGifts]

Thank you, actually the reason is not projected image, All I got from copyrighted free websites, rest if anyone have issue with it, why always on that 3 listings that are selling hot, not other? So, seems it's some personal, because on 17th june, I got from drawelry uk, and not getting action in 10 days. Same, again after 1 month, and this time they use soufeel brand, I talked with owner of soufeel, they have no idea about manager name mentioned and email. 

[bradgoodell]

@SPJewelGifts 

"All I got from copyrighted free websites, rest if anyone have issue with it,"

Huh?  That makes no sense to me.  What did you get from copyrighted free websites?

Can you elaborate?  

[SPJewelGifts]

@bradgoodell canva free images that we use from pexels, pixabay website that we can use without any issue. 

I use images from that sites on all photo jewelry projector, but why always that 3 listings getting violation that get sales and on top. 

[SPJewelGifts]

@JMOldeVintage 

One last question, If after 10 business days, not get any action from 3rd party looks fake. So my listings again able to activate. But important question is that, is that violation will be count in my shop or not? 

I heard, after getting four violations like handmade listings, dmca, trademark or ther, etsy shop will permanently suspend. 

So in my case, as I got 2nd violation, the first one I counter and not replied from party in june. And hopefully this one also I can counter successfully, so it will not hurt my shop, if I getting same violation every month from fake company and I counter back, just resolve it please. Thank you.

[SPJewelGifts]

@bradgoodell attorney can't stop or reactivate my shop, my question is about etsy.

If after 10 business days, not get any action from 3rd party looks fake. So my listings again able to activate. But important question is that, is that violation will be count in my shop or not? 

I heard, after getting four violations like handmade listings, dmca, trademark or ther, shop will permanently suspend. 

So in my case, as I got 2nd violation, the first one I counter and not replied from party in june. And hopefully this one also I can counter successfully, so it will not hurt my shop, if I getting same violation every month from fake company and I counter back, just resolve it please. Thank you.

[JMOldeVintage]

@SPJewelGifts   - Like @bradgoodell I'm now a bit confused.

You say "actually the reason is not projected image, All I got from copyrighted free websites"

So these are not your original photos? That could be the problem?? Have no idea, but just because one person/company has the right to use an image does not necessarily give them the rights to allow others to use it. 

[ArtDollsbyJD]

@SPJewelGifts   Did you check to make sure what you got is actually copyright free from the website.  Some websites post items that later it is found they did not have the legal right to.  Many people have been caught up in this.

[JMOldeVintage]

@SPJewelGifts  - Honestly, no one will be able to say how Etsy will view the DMCA's they have received on your shop. However most agree that repeated violations is not a good thing. 

[SPJewelGifts]

I know, repeated is not good, but how I can do survive, It is automatically reactive after 10,12 days, fake dmca. I  can't do anything here.

If someone really want to send DMCA, they mentioned detailed reason, this image of project is use.

Rest, I already mentioned that I picked the images from pexels, pixabay where are totally free and owner right to everyone.  

If projector images issue then why only 3 listings that ranked and getting sales, why not other products not? 

So, this is just time waste of us 10 days and messed our business, nothing any goal. Thank you for help. I will change projector images also once it will active again, and use own family and friend ones, so let' see in future.

[ArtDollsbyJD]

@SPJewelGifts   like I said above have you checked those sites where you got the supposedly free images.  Do they have the legal copyright.  What does their site say about how they obtain the photos?

[hopeandjoystudios]

So do you think someone is targeting you with that other website's info (unbeknownst to them) on the DMCA or do you think they are not being truthful when they say it is not them? How easy is it to file a fake takedown? Not sure. I would try to contact Etsy support and/or Etsy legal  about this if you think it is shop interference. They should be able to track where the takedowns are actually coming from? Maybe the website/contact people will contact Etsy and explain they are not the ones filing? You can report shop intereference here> Submit a request – Etsy Help Click I still need help at the bottom.

[SPJewelGifts]

@hopeandjoystudios 

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 party and they confirmed it is not send by our side. so now what you will say on this?

[hopeandjoystudios]

Geez Dude way to misread a post. I never said anything about pictures. I agree it is probably false targeting. Try to get the website  to contact Etsy and say they did not file a DMCA. (they don't have to get involved  though as it is not their issue) That is what I say  (and said)  to that. Good luck.

[TerrificTemplatesCo]

Etsy doesn’t have a blanket policy for the number of violations it takes to shut down a shop. They use discretion based on the individual circumstances.  Quite a few in a short time frame is cause for worry though. You’ll want to thoroughly examine all the words you are using for any actual trademark issues. And please do not assume that anything you download from sites like Canva or Pexels is indeed copyright free, as has already been mentioned images can be stolen and listed inappropriately, you’ll want to perform extra due diligence with this as well.