Shop Suspended, No Email Explaining Why

[OliveBranchFarmhouse]

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. 

[SeasideRoseCreations]

What were you selling?  

[OliveBranchFarmhouse]

tshirts

[cutebutton]

This is something that only etsy can truly help you with.

However out of curiosity did you disclose your second shop anywhere in your first shop?  I looked and didn't see where you had.  If you didn't maybe that possibly had something to do with it but I could be totally wrong there.  You have to disclose all etsy shops you have for your customers to see. 

Only etsy would know the actual reason. 

what is the name of the suspended shop?

[OliveBranchFarmhouse]

I went and looked and apparently forgot to SAVE when I added it to my About Section. It is there now. Just wish I would get an email regarding why they suspended me. 

[cutebutton]

@OliveBranchFarmhouse 

yeah I have heard that people have been suspended without notice and no information as to why.

It seems like etsy would tell you why.  

What was the name of the suspended shop?

[LastCentury]

@OliveBranchFarmhouse 

"If you choose to run multiple shops on Etsy, you must list all the shops you run in the Public Profile section of each account. Each account must also comply with Etsy’s Seller Policy. "

https://help.etsy.com/hc/en-us/articles/360017604474-Can-I-Run-More-Than-One-Shop-on-Etsy-?segment=s...

and yes, I see a smiley face in your SoilandSunshine1 shop banner (in cached view). The bots may be working on overtime hunting for those after the takedown this past week.

[mommawhazelsquilts]

Since we don't know the name of the second shop, we can't check it out.

[OliveBranchFarmhouse]

SoilandSunshine1

[OliveBranchFarmhouse]

SoilandSunshine1 is the name of the shop that was suspended

[audreytherese]

First thing I see there is a Smiley face in your banner. 

Smiley is getting shops shut down left and right in the past week and has sent out hundreds of lawsuits to shop owners. 

[ReginaldSpleen]

Could have been dinged for the smiley face if a bot was looking?

[OliveBranchFarmhouse]

not sure what you mean? What smiley face?

[audreytherese]

In your shop logo. 

In your banner. 

As your avatar. 

[cutebutton]

Yeah I bet the smiley face did it.

Honestly until I read the forums I had ZERO clue there was any issue with a yellow smiley face.

I had a few items that had a very small yellow smiley face with a peace sign then a volley ball.  I went and immediately deactivated them because I didn't want to get shut down over something so small that I didn't even realize I had done at the time.

I wasn't advertising it but the listing photo had it so I was not going to risk it and I replaced the design in that listing with something that had no smiley face.

[OliveBranchFarmhouse]

My shop can get shut down because my logo is smiling?

[cutebutton]

as crazy as that sounds yes.  Apparently the a yellow circle with a smiley face is protected under trademark law and they have been cracking down hard.

I would say most people had no clue this was even a thing that they couldn't use.  I had no clue!

[audreytherese]

That yellow Smiley face is trademarked. You can not use it. 

Yes, your shop can get shut down if they reported you for using their intellectual property as your branding. 

You should have received notice about it though. 

[AAANativeArts]

Did you check your spam folder for an email from Etsy?

[OliveBranchFarmhouse]

That is nuts!!! Well if I had the email from ETSY I would know, but, alas, no email

[OliveBranchFarmhouse]

I cant even change it because my shop is suspended. 🤷🏻‍ usually you get a copyright infringment email  right?

[cutebutton]

i'm assuming you would get a takedown email but It could be since you were using it as your logo it just auto shut you down.

I'm not sure exactly how it works.

Some people infringe blatantly with things that are obvious but I think this one probably caught people who just did not realize it was protected because honestly I didn't realize that apparently any yellow circle with a smiley face can't be used.  

[ThePurplePuppy]

@OliveBranchFarmhouse 

It is not copyrighted it is trademarked which is a whole different thing legally.

Smiley has been trademarked since something like 1963. They are getting proactive in protecting that trademark. Some Etsy sellers are being sued for using it. Be glad your shop was only shut down .  You might want to get some legal advice from an I
P lawyer.

[JDTotesnDolls]

Have you appealed?

Have you checked all phrases and designs used for possible trademark infringement?   It is also possible if these are purchased SVGs that the original seller had IP infringment making it illegal to use the SVGS or decals. Did you check for email? 

If you are certain your items do not conflict with any IP then you can appeal the suspension,  

[OliveBranchFarmhouse]

I shouldnt have anything trademarked (except for the smiley face that I didnt even know WAS trademarked... I just fixed that)  Checked everywhere for email, even spam. Nothing.