Hello, I just registered and paid the $14 fee and added my first product. While I was making edits to my profile, my account was suddenly logged out and when I try to log in again, I get this error. What kind of problem is this? It is not ethical to have such a problem after payment! Please help me.
I sell handmade wooden products. My account was reopened as a result of the ticket. Thank you.
You have to remove the
MINECRAFT
item as well
UNLESS you have paid the owners of MINECRAFT to profit commercially from their intellectual property.
Etsy considers unlicensed items COUNTERFEIT (as do all online marketplaces).
You need to talk to a lawyer specializing in intellectual property law if you don't believe what everyone is telling you here.
You need to contact Etsy. We are unable to help.
It looks like your shop is closed, not just suspended. What were you selling?
@NatureOfWoodGifts: Your shop is open - but you need to include YOUR licensing information for any trademarked and copyrighted names and images in your shop in the listing, otherwise buyers (and Etsy) may conclude they are counterfeits. And a buyer could file a not as described case against you and both get their money back and keep the item. Including the licensing information will show that you are not selling those items illegally.
It looks like your shop is back up and running with one listing. However, that one listing could cause a whole other problem.
I sell handmade wooden products. My account was reopened as a result of the ticket. Thank you.
@NatureOfWoodGifts Uh, you might want to read up on what's allowed. Spiderman is trademarked.
Seems that another site or two have copied and are already selling your exact design. Do you know how to file a DMCA report?
All of the above. I'll just add the following info for you.
You really should take some time to read up and educate yourself about intellectual property infringement, copyrights, trademarks etc etc.
Etsy has some articles right here to get you started.
Start with this one https://www.etsy.com/legal/ip/
then this one https://www.etsy.com/seller-handbook/article/what-sellers-should-know-about/1001670906424
then this one here https://www.etsy.com/seller-handbook/article/intellectual-property-infringement/22398703823
Then this one about "inspired by..." and fan art https://www.etsy.com/ca/seller-handbook/article/fan-art-and-fair-use-one-truth-and-five/39402098770
Then google and do more reading if there are any parts you aren't understanding and/or consult with an attorney that is well versed in IP law.
I don't understand why I have to get a license for the product I made by hand. I sell this product on many e-commerce sites. Is this a problem on Etsy?
I find that the concept of IP can't be grasped by sellers of certain countries.
We see evidence of this in the forum, over and over.
"...I don't understand why I have to get a license for the product I made by hand. I sell this product on many e-commerce sites. Is this a problem on Etsy?"
It is a problem everywhere you are selling it, not just on Etsy. It doesn't matter that you made it with your own hands. The idea of that character belongs to someone else, so you can't use it without paying the owner a fee.
Even if you consider it fan art, you are allowed to make fan art for your own use or give it away for free. But the minute you charge one penny for it, it becomes infringement, and there are laws that address that.
Spiderman in the comic books is owned by Marvel Comics, now a subsidary of Disney; Spiderman on the big screens is owned by Sony Pictures; Spiderman in form of merchandise is owned by Disney as well.
Copyright and Trademark are LAWS, not just Etsy rules.
If the copyright owner sues you, you can receive up to a $150,000 fine and/or a year in the county jail.
If a trademark owner sues you, you can be fined up to $250,000 and/or sent to Federal Prison for five years.
Disney has sued a whole bunch of Etsy sellers in the past, and won. They have a whole team of world class lawyers, and even with a poor lawyer, you would be found guilty, because that is not your intellectual property, and you have not paid the owner to license it, which costs many thousands of dollars.
Disney and many other big trade names check Etsy regularly looking for people infringing on their products. They don't always give you the opportunity to remove it. Some just go straight to the lawsuit stage.
Just because a lot of other people are doing it is no excuse for you doing it, too. It won't make you any less guilty. They just haven't been caught, yet.
@NatureOfWoodGifts @BagmakerSupply gave you some awfully good advice.
You don’t own the trademark for Spider-Man . That means you’re breaking the law by making money from it.
I'm sorry I didn't know that, I'll remove it immediately
Ok removed Spiderman and replaced it with Minecraft. I would strongly suggest reading the articles I linked on page 1 and doing more research before you proceed. Better yet, just consult an attorney.
You have to remove the
MINECRAFT
item as well
UNLESS you have paid the owners of MINECRAFT to profit commercially from their intellectual property.
Etsy considers unlicensed items COUNTERFEIT (as do all online marketplaces).
You need to talk to a lawyer specializing in intellectual property law if you don't believe what everyone is telling you here.
There are hundreds of sellers like this. The name of this sword is, I don't understand what I should write about it.
Just because "hundreds of sellers" are breaking international trade law doesn't mean YOU can as well.
We aren't going to help you break the law.
You CAN NOT use trademarked words to sell your products. Example: Spiderman, Minecraft.
You CAN NOT use copyrighted designs in your work. So, the DESIGN of an obvious MINCRAFT SWORD.
Make YOUR OWN, unique, original designs instead of lazily copying other famous designs.
To put it in plain language, you CANNOT legally make money off the ideas that others have come up with.
Anything that is already known in the world is forbidden to use.
Any cartoon, movie, TV character, any song or singer, any video game, any brand name thing or personality at all.
You might see others using these, but they could get shut down or even sued by the rights owners at any moment.
And so could you.
Plus, Etsy is much more likely to close new shops that they see not following site rules, so... you were closed once already. I would consider that a warning from them.
Just because others are doing it, doesn't means it's right or legal. Those people haven't been caught yet. Don't do what others do, read the policies, and stay within the limits. Come up with your own creations.
You can't use Minecraft, Disney, comic books, etc. All these things that already exist are intellectual property of big corporations who will come down on you if they find you making money off of their ideas.
Okey thank you
@NatureOfWoodGifts: Your shop announcement says "... by our female masters ..." but you do not list any of these people as required per https://help.etsy.com/hc/en-us/articles/360000336867-How-to-Add-Shop-Member-Roles?segment=selling
Also since you are selling these items as children's toys make sure that you comply with the appropriate laws of everywhere you ship to.