Shop Suspended, No Email Explaining Why

[#1]

I have been selling on Etsy since 2015. I have a Star Seller Shop with over 12,000 sales. I opened a new shop about a month ago, and have 29 sales. The new shop has just been suspended with no warning or email explaining why. I noticed it because I got an email that a case had been closed ??? A customer said my shop was closed and she didn't get her order. Within 3 minutes Etsy refunded her order and I didn't even get a chance to reply.  I still don't have an answer as to why it was suspended and I would like to take care of it right away. I do not use any copyrighted designs and nothing is of a mature nature. 20 orders have been successfully completed and I have 3 reviews already. Can anyone help me out? I have almost $300 in funds sitting there. 

[OliveBranchFarmhouse]

how can I appeal it when I dont even know why yet? 

[BagmakerSupply]

@OliveBranchFarmhouse: Having the smiley face in your banner or other shop branding is almost worse than just selling merchandise with it since they can claim that you were attempting to impersonate them.

[audreytherese]

You said in the original post that it was just shut down, yes? It's possible that the email just hasn't gone out yet. 

No, it's trademark infringement, not copyright. You can't appeal trademark takedowns. You can take them to court if you disagree (I do not recommend that in this situation), but you can't just appeal. 

Based on what I've seen in the past week I would be expecting a letter from their lawyers (that might be coming as an email if they have subpoenaed Etsy for your information). Don't ignore anything if you do, even if it seems ridiculous. 

[ACertainFeel]

Bad news is this is how they handle Shop Suspensions, Good news is I think it will be successfully sorted out in the end. It is likely going to take some time though. They didn't close your original shop too which is something to be grateful for and makes me think it's not that big of a problem.  Patience is your friend now. 

[OliveBranchFarmhouse]

I think I am going to throw up. 

[cutebutton]

@OliveBranchFarmhouse 

Even though I have no clue for real I think it will be ok. If this was the issue you should be able to prove that you were not intentionally using their design to make a profit. It may be that nothing even comes of it at all other than the shop suspension because it wasn't your items in question but just your logo.  

What you may end up having to do is start a brand new shop and make sure to not use that logo.  It is to your benefit I would guess that you shop had just started out.  I would wait though before you do anything to try to get it sorted out with etsy if at all possible since no one knows for 100% fact the real reason you were suspended.  It could be something completely unrelated to this.

[ACertainFeel]

Have a cup of tea (really calms and soothes) and read the Forums for the many many shocked sellers who managed to get their shops back citing in the end it was a mistake on Etsy's part. I would assume that first in this case. It's going to be ok. 

[TreeTreasuresCanada]

@OliveBranchFarmhouse   For your information, the following thread concerns Smiley trademarks and actions taken by the company.

https://community.etsy.com/t5/Managing-Your-Shop/I-was-sued-for-quot-Smiley-quot/m-p/143013118

[BrooklynStVintage]

Don't get worried yet, sellers are only guessing we have no inside info. It would seem strange that you would be punished since you were not selling their trademarked item. Hang in there and see if you get an email. If it was a bot, more than likely was, Etsy may see you were not infringing exactly. 

[audreytherese]

Using someone's trademarked design in the branding for a shop is just as bad as selling items with that design, possibly worse. That image is used to promote their brand with everything they sell, not limiting it to just items with that design. The TM'd design used as a shop's logo is still 100% infringing, not 'not infringing exactly'. 

But yes, we are all just guessing based on other situations we have seen, especially recently. Being as that was the first thing that jumped out to many when they looked at the cached version of the shop, it is a pretty good assumption. 

OP should be patient and wait for correspondence, but it is not to be taken lightly, if that is in fact the reason for being shut down/suspended.

[BrooklynStVintage]

@audreytherese  Yes I agree it may very well be what the issue is. But I still see a difference in selling someone's TM item verses using a smiley face as her avatar, hopefully there is a distinction? Granted I have not looked at the shop.

[cindylouwho2]

When Etsy shuts shops for infringement, they shut all of the owner's shops. As someone else says, the fact this one is still open as a good sign. 

It could take weeks or even months to figure this out; they aren't speedy on deciding these things, unfortunately.  Open a ticket and be prepared to wait. 

[ByVanillaMintDesigns]

There could be a variety of issues, but just in case double check if you didn't get an email from (I believe it's) The Brickell IP group in Miami as they are representing the Smiley Company, as the smiling face in the flower with the smile is trademarked (as is the word smiley). It could be that you aren't in the lawsuit sweep, but to be sure you need to check. Check your spam mailbox if an e-mails hasn’t slipped past you. Most shops included in the lawsuit were closed this past week or so. If you were served papers and are the USA they have been removing US sellers from the lawsuit (no idea why, but apparently they are focusing on the other countries for now) but you probably would still have to contact them to get your shop released by Etsy. They then apparently let Etsy know they withdraw claims to your shop.

I'm not involved in this, just read it elsewhere. But deep breath and search if you can find an email (that isn’t Etsy) regarding this  

Here some info from a reddit thread https://www.reddit.com/r/EtsySellers/comments/15lvrf9/i_am_freaking_out_shop_suspended_lawsuit

[ThePerkyPencil]

I saw this in an Etsy Support Group this morning regarding the Smiley trademarks:

Just wanted to give an update for US shops….

I emailed the attorney that sent the e-mail, and explained that I didn’t know a smiley face was trademarked, that I wouldn’t do it again, etc….

I got a response that I shouldn’t have been included in this lawsuit, because it was directed towards “foreign infringers” so they would dismiss me from the lawsuit and tell Etsy to reinstate my shop…. But P.S…. We may still you later for your infringement in another lawsuit at a future date.

[TheDavidsonWorkshop]

I see your shop is back up.  How long did it take for you to get it back?   

[DRDesignzShop]

I started another shop and it was also suspended without an email explaining why (even though Etsy said I would get one).  I read through the terms and all again and still couldn't find a possible reason, so I appealed and it was just denied, a few days later.  The person who denied it sent a lengthy email, but it also lacked a reason.  It seems unfair... that I can't get a second person to consider this or even be given an explanation so I can avoid the problem in the future.  It was a lot of work and I had a few dozen products up.  It was a POD shop, with all designs original by me and my girlfriend.  No trademarks, including text/shop name.  I also made sure to include names of each shop in the about section, as required.  I did that first thing because I was very thorough and made sure I was doing everything correctly.  I did everything right (to the best of my knowledge).  I'm afraid to start again in fear of losing my main store that I've had for a long time..