Wrongful Removal of Listing in Handmade

[Strongnewsexy]

I have had some listings taken down for not meeting Etsy's handmade policy. Our process:

1. We source blank swimsuits and shirts.
2. We create the designs ourselves.
3. We print the designs using DTF (Direct to Film) or HTV (Heat Transfer Vinyl).
4. We apply the designs to the garments using a heat press. I readed Etsy’s handmade guidelines. My understanding is that it is permissible to buy blank shirts or other garments and create designs on them for sale on Etsy.
maybe this happened because cross-back swimsuits are not common on Etsy, maybe someone knock-off competitors reported my listings, which mostly featured cross-back swimsuits. Both my sister and I offer different styles of swimsuits in our shops, but our cross-back swimsuit listings were removed. The designs were created by us, and we have no issues with these designs on regular swimsuits or t-shirts.
Listing photos are taken by us, while others are supplied by our garment suppliers.

It seems Etsy might have an automated system that checks listings, but my pictures and designs have been stolen by overseas websites. When I contacted these sellers, they told me that since they are not based in the USA, I have no rights to ask them to take the listings down. It's incredibly frustrating because now Etsy has removed my own listings for designs that I have been using on tank tops since 2016 and have now applied to swimsuits.

I find it very unfair that we have to suffer while others steal our designs. Etsy is the only platform where we run our business, and this situation hurts small businesses in the USA. I have friends who have mentioned that many Chinese sellers on Etsy use VPNs and operate hundreds of stores, undercutting our prices because they produce in China and copy our designs.

[vintageNCtreasures]

Don't contact those sellers.  I think you have to file a DMCA on those sellers with the overseas sites.

If Etsy bots finds your pictures on other sites, they assume you're reselling.

Provide Etsy proof you are actually printing the items and that you filed a DMCA on those China sites.

More info on another thread about filing on these China sites:
Solved: Re: DMCA Takedown - Welcome to the Etsy Community

[Strongnewsexy]

Thank you. Unfortunately, I don't have trademark registration for my designs as I'm a small business with many different designs, and I can't afford to apply for a trademark for each one.

[Amaradorn]

@Strongnewsexy you own copyrights on all the photos you created automatically. You don't need to register them anywhere unless you intend to sue someone in court. Trademark is for brand names / marks etc (like logos) - it's a different thing. DMCA = Digital Millenuim Copyright Act. If you Google it there's a whole website which explains how it works and how you can use it to protect your own intellectual property.

[CraftyCornishMaids]

issue the dcma takedown notices to the sites, not shops, and if they are shown on google, do that too,

steeling your photos is copyright violation, it is your responsibility to police it. you may think it unfair, but it is the law - internationally.

even if the sites don't take them down - and google normally does, appeal to etsy, with copies of the official takedown notices.

do not rely on one site for your business, it is very risky - diversify to other sites and/or your own website

[Strongnewsexy]

Thank you. Unfortunately, I don't have a link to provide as evidence of my design since my account is suspended. Etsy is the only platform where I sell my products.

[threelayers]

Same here. On the pictures it is me - my face and hands. I have high resolution photos of this item, listing is over 10 years old.  They reinstated the item and then it was sold, I renewed and they took it down again! I am not sure what to do? To remove these photos from Chinese sites is impossible. I tried many times.

[NanaLetha]

@Strongnewsexy  your shop is not suspend but on vacation mode.

[Strongnewsexy]

Etsy has put my shop in vacation mode, and I don't have the option to reactivate it.

[treasuredcharms]

It happened to me too and Etsy will not respond to my support request.  I have been selling here 14 years.  The two items removed have been active listings on Etsy 10+ years, longer than the Chinese sites that are stealing our photos have been around.  It is like you are guilty until proven innocent but I have heard that most of the handmade violation requests are just getting closed and rejected despite uploading proof. 

I have been spending several hours a day this past year taking new and improved photos the 2000+ items I have and it makes me sick to know that not only can all my hard work be stolen by China, but that Etsy will believe China owns these photos and I'm the reseller.  If a human being would look at my shop they would see that all my photos share the same types of background and I can't possibly be stealing photos from AliExpress, Temu, etc.  My shop could be closed if it keeps happening.  This hurts me and the few USA manufacturers who are left that I source 75% of my charms and findings from.  Just this past year two of the major suppliers I purchase from closed due to rising costs and inability to compete with CHINA. 

I guess China wins. Good job Etsy. 

[CraftyCornishMaids]

there are a lot of posts where people have had their listings re-instated, they normally issue the DCMA takedowns, and attach copies of them to their appeal, along with a video showing them making it.

[peacefrogdesigns]

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[BagmakerSupply]

@peacefrogdesigns: "... the bots flagging old listings ..." While obviously possible, this explanation is not very probable as there are no old and new listings, just listings last edited with the old or new listing form.

"... people on aliexpress and wish are constantly stealing my pictures ..." In some recent investor meeting or such, Josh Silverman essentially said that if photos are found on a wholesale site the Etsy shop is considered guilty until proven innocent.

[peacefrogdesigns]

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