Unauthorized vacation mode again

[CreationByStephB]

I have messaged Etsy directly a few times and the only thing I get is the same automated response saying to upload my ID for payment issues. I did this when I signed up to sell back in 2019 and haven’t had any issues until my last two orders. I finally re-uploaded my ID again earlier this week but still can’t get any other response but the same automated message. I’m getting beyond frustrated with this issue because it takes my stuff down for at least a week after each order until after the funds hit my bank account, which won’t happen with this last order since it was less then what I haven’t been charged for Etsy Plus yet, which I just upgraded to. I need help please anyone.

[Amaradorn]

Only Etsy can fix this for you I'm afraid, but just wanted to say that you are not alone. I visit the forums frequently and this exact issue is happening to a lot of sellers. I hope they get it fixed for you soon.

[SunnytyDE]

It may also be because you have no policies in place. Also a lot of sellers that had this is happening to (I’m not saying all of them) have also had IP infringing issues. Just saw your Batman und Superman dream catchers. 

[CreationByStephB]

Thanks for info I didn’t even know about the policy stuff. The batman and superman ones were always something I was worried about but it’s my most sold item, so wouldn't it have set it off sooner? Vacation mode got set off this last time cause of one of my stickers

[Mystylers]

i to get back my etsy shop on vacation mode

[TickleYourWitch]

You said yourself you were worried about the Batman and Superman but they were your bestsellers. 

[CreationByStephB]

Right 4 out of 13 sells in 3 years… so much money there. Worried doesn’t mean I won’t remove if need be. None of these issues started until my account was hacked a few months ago. I have already removed it since people are suggesting it could be an issue. I can revamp hopefullyto where it won’t be a problem.I was not sure weather it would be an issue or not since there was so much batman stuff already up. I am new to taking this seriouslyand need mature help which you are not doing. To ones who have been commenting in a polite way I thank you for being nice to someonetrying to fix what needs fixing since I can’t get much info when I ask Etsy.

[Romazone]

Why not do a test and take the IP super hero’s done for a month and come up with your own design and see how it goes. IP infringement is theft anyway. Wouldn’t you rather make money off your own talent?

[CreationByStephB]

Thanks @LastCentury  that will help me out and hopefully I can bring batman back without it causing an issue.

[vintageNCtreasures]

@CreationByStephB 

Unless you have permission from DC comics to use Batman to sell items YOU make, then those items are considered counterfeit/illegal to sell anywhere.
It doesn't matter if you've sold 1, 4 or 1,000's of counterfeit items, it's still stealing.

You cannot use any trademarked name to sell items that you make.
If reported Etsy can shut your shop down and you'd never be able to open another shop, or worse get sued by the trademark holder.

You might want to read the info on the help pages:
https://www.etsy.com/legal/prohibited
Especially this part under #5:
Counterfeit or unauthorized items are prohibited on Etsy. We consider counterfeit or unauthorized goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Additionally, we may consider up-cycled or repurposed items, even if using authentic materials, to be counterfeit if they are making use of a brand's name, logo, or protected design without their permission. Examples of prohibited counterfeit or unauthorized goods include replica luxury and non-luxury items like bags and branded apparel.

https://www.etsy.com/seller-handbook/article/the-ultimate-guide-to-intellectual/22398703823

[LastCentury]

Batman and all his marvel friends will always be trouble even if you don't say their names in the listing, tags, or description.

Sorry if you read my suggestion for making changes in any other way.

[CreationByStephB]

@vintageNCtreasures  Thanks for the article. I figured if it was a problem I woulda been flagged already with my first sale and all that, that’s why I have been talking about it the way I have cause i’m just confused. The way Etsy is responding to me it’s not cause of the batman thing it’s cause of an ID issue and that’s the only info I’m getting from them. I didn’t even know about all these articles and forums until this week because i’m only just now trying to better the shop and do what I can.

[vintageNCtreasures]

Shops that sell counterfeit items might sell 100's or 1000's before being reported by the trademark holder.

And now Etsy doesn't have to wait for the trademark holder to report every, single item that is infringing on their trademark.

They can put your shop on vacay, put you on payment reserve or shut you down for selling prohibited items which is a policy violation.
You agreed to the TOU's when you signed up.

ETA:I don't know about Batman but I doubt you could even use the logo shape/design since it's recognizable as "Batman".
Example, you can't make ears that look like Mickey Mouse and sell them because that ear shape is trademarked. 
It wouldn't matter if you used Mickey Mouse or not to sell them, the ear shape would be a trademark infringement.

[ThePurplePuppy]

@CreationByStephB 

Yes, the batman SHAPE is trademarked, just as Mickey's ears.  I would recommend staying far away from anything similar.

[TickleYourWitch]

I think the point is that if you’re violating policy Etsy may not be in a rush to solve any other problems that you might have. 

[CreationByStephB]

Then why can’t they tell me that is the issue instead of sending me the same messageto do something that I did when i first signed up. That’s my frustration with Etsy. If i’m breaking a policy I will fix my mistake I have no problem with that. I only listed it cause it’s fun to make.

[CreationByStephB]

@vintageNCtreasures  So how are so many people selling popular name brand things like that if can’t even do the likeness? Like should I even try to revamp the dreamcatcher for a return? It’s my only item that i’m aware of that is controversial but it’s fun to make…

[moonbeamgifts]

They may have paid for a commercial use license ($$$) or be in violation and just not yet caught.   A shop on Etsy only gets so many chances before it's shut down permanently and you can never open again.

Fun is great but it's playing with fire in this case.    You are in violation even if you use the image and not the words (though it will take longer for them to find you most likely).   

Brands pay a lot to register things like trademarks and even colors in the case of one high end jewelry designer - if they don't defend those by filing take down notices, they can lose the registration as well as all of the money they've put into them.

If you are allowed to reopen, I would suggest focusing on your original designs.    I would bet there's a market for your rainbow dreamcatcher - especially in Pride month.     Target baby nurseries, etc.   

I sell ribbon and if I sold the unregistered Disney/team prints, I'd have 100x time the amount of sales I currently do - but the risk is too high for me.   I'll stick to my own designs and buying from indie artists.

[vintageNCtreasures]

People do it because these fake counterfeit items sell.
They might know it's illegal and don't care or they don't know it's illegal and when told, they don't care.
A few might care and stop doing selling those items.

Or maybe they have permission (but I'd be willing to bet none of these sellers that sell handmade Batman, Disney, NFL and other trademarked items have permission to use those names, not only because of the cost but because some companies will not give you permission).

How would you feel if you came up with a cartoon character, got it trademarked and 1000's and 1000's of sellers were making MONEY off of your hard work and designs selling counterfeit items?
I'd bet you would not be happy. 

No different than people speeding, some get caught and some don't.

It's doesn't matter that it's "fun" to make, it's still counterfeit.

[ThePurplePuppy]

@CreationByStephB 

Simplest answer: They haven't been caught yet!

A burgler may rob 1000 homes and never be caught--or he might rob one and be caught the first time.

Either way--that does not make it legal and OK to rob a house.

[CreationByStephB]

Gotcha, guess i should look into that if I decide to relist it. Last time vacation mode only lasted about a week so hopefully it does the same this time too, but I still have a balance to be paid from upgrading to Etsy Plus which is confusing me even more cause usually when listing items it would automatically take out the listing fee so I don’t know why it didn’t this time, so I’m hoping that doesn’t drag it out longer this time.

The problem with the rainbow one was it was fragile so I took it down after I had one break on me during a farmer’s market. I need to work on alot of products before putting them up or back up in that case to work out some kinks like that. I also really need to read more articles before making more stickers cause now I’m paranoid.

[moonbeamgifts]

I'd ditch the stickers and focus on your product design.   

There is SO much competition in stickers, you're swimming up stream with concrete boots.   If you offer a unique product, it still won't be easy but it will be a different kind of launching off point.   

While you wait for the store process to work out, get busy on products!    If one broke during a farmer's market, maybe it's in your best interests to sell them as a kit where you do the majority of the work and then provide the materials for the buyer to assemble as they're installing so it's less fragile?

If you owe Etsy by the beginning of the month, they will likely automatically charge the credit card on file as long as it's valid.

[CreationByStephB]

@ThePurplePuppy  i wonder how many have permission now to use things like that specially with how popular mickey ears are. I don’t even know how to go about getting permission so I’m trying to google it now. 

[ThePurplePuppy]

@CreationByStephB 

Not many--only big corporations like Walmart, etc.

I do know that Disney asks 150,000 PER character , i.e., Mickey, Minnie, Donald, etc. I would imagine Batman would run about the same.  I sincerely doubt any Etsy seller  has that kind of bucks to promote but of course, I could be wrong.

You have to apply to each entity (Disney, Warner Bros, etc) to apply for a license.

[CreationByStephB]

@Romazone  just now seeing your response for some reason. I’ve taken it down already and if I can get vacay mode off I will see what happens. I’m just worried at this point that it may not fix my problem since so many are having similar issues cause surely it’s not the same issue with everyone experiencing this. 

I started this selling page for fun at first to see if I could even get sells. Now that I actually want to try and make more sells and hopefully make some income from this since i’ve been getting more orders recently, I’m running into this issue and I don’t know what is causing it. For all I know it may not have even been the batman yet, and that worries me now.