listing was removed for violating the Prohibited Items Policy

[riasusama]

My listing got removed not even a minute after I posted it. It is a drawing I made, it is inspired by Sanrio's cinamonroll, yes, but I did it because I've searched and there's MANY listings on it. They even use the real name... Why did they remove mine? what was wrong with mine that wasn't wrong with the other ones? I didn't even use the original name on the listing, I called it the cinnamon puppy/bunny, what is wrong with it? Isn't this considered a fanart?

should I try to post it again? 

Thank you so much for you help.

[NanaLetha]

"inspired by" does not exempt you from IP infringement!

[CatsWhiskersCurios]

The others haven't been caught yet. Today was your turn, tomorrow it will be another seller. You cannot sell fan art - you can make it for yourself or to give to friends but as soon as you put it up for sale, you are making money of someone else's IP.  It's not worth the risk of being sued. 

[OneEyeCatStudio]

If you are asking how YOU can get away with it, we are not allowed to answer that here.

The last two rules concerning using the Etsy Community are ...

• Don't engage in illegal activity or activity that infringes someone's intellectual property, or encourage others to engage in that type of activity.
• Don't use community spaces to encourage others to violate Etsy's policies.

https://www.etsy.com/ie/legal/community/#:~:text=To%20make%20sure%20that%20the,public%20areas%20of%2...

[CryzalisMasksUK]

Fan art is no longer fan art, when you put it up for sale.

[TheIndustrialFarmer]

 Etsy updated their policy section yesterday. Worth a read.  The Ultimate Guide to Etsy Policy

[PieceByNumberQuilts2]

I was disappointed with the section on Fair Use in the policy update - it was too much wishy-washy legalese. It seemed they were saying that “yes, some artists in some cases get away with it, maybe you can too” instead of mentioning the significant legal and financial consequences that can more often occur when listing fan art or other blatant IP violations:

“It’s up to each artist to analyze risks of making and selling items that borrow from others' brands, characters, or imagery, and make the best decisions possible for their businesses. Since legal topics are complex, you may wish to speak with a legal professional in your area for advice tailored to your specific business.”

I wish they had instead stressed the legal (and ethical) importance of creating one’s own original artwork to sell, and not referencing other artists’ work in any recognizable or deliberate way.

[BagmakerSupply]

@riasusama: "Isn't this considered a fanart?" The moment that you try to make money off of it, it ceases to be fan art and becomes counterfeiting and / or intellectual property theft.

"I didn't even use the original name on the listing ..." In very simplistic terms, if you try to sell your drawing of a rodent and the average person says that it looks like Mickey Mouse then you are infringing even if you never heard of or saw Mickey. In your case you are admitting that you are knowingly and intentionally infringing on someone else's intellectual property for your own financial gain.

"I've searched and there's MANY listings ..." Probably the single worst way to determine what is legal and Etsy-legal is to go by other shops' listings. False positives aside, Etsy let a lot of violations slide for a very long time, and now it is clear that Etsy has stepped up enforcement of the rules.

"what was wrong with mine that wasn't wrong with the other ones?" Hard to say what the exact trigger was that snared your listing, but the fact that there are other shops selling similar items only means that they have not been caught yet, or those listings may not contain the same trigger. Additionally, we will not know how many other listings were deactivated using the same trigger - only those that appear to not have been.

[CryzalisMasksUK]

I wonder since they updated the policy section yesterday, they have taught the AI to flag "inspired by" to prevent the continuous bad publicity regarding counterfeit 

[PlatypusDream]

"it is inspired by Sanrio's cinamonroll"

https://www.etsy.com/seller-handbook/article/1075628311049?ref=handbook

"It may be tempting to include names of popular brands or celebrities in your listing titles, tags or descriptions – for instance, the name of a luxury handbag company that inspired your purse design. But using that brand’s name in your tags may be considered problematic by some IP owners. Similarly, just tacking on “inspired by” or “____-like” in the tags or description may not prevent you from receiving a notice of infringement from the IP owner for a number of legal reasons, such as causing confusion. The same goes for any items that were “inspired by” popular books, films or television shows."

" I called it the cinnamon puppy/bunny, what is wrong with it?"

Because the CHARACTER DESIGN is stolen from Sanrio. It's not just the NAME (trademark), it's the actual design (copyright).

"should I try to post it again? "

You already have one strike. If you ignore the law Etsy can permanently BAN your shop FOREVER, with no possibility of owning another, or even shopping on Etsy.

"Recommended actions:

• Respect the IP of others. There are a variety of public databases available to research existing IP ownership before publishing your listings, including the US Trademark Database, US Copyright Database, and the EU Intellectual Property Office e-commerce resource page.
• Understand your IP rights. It’s essential to know your rights and know what resources are available. The world of intellectual property can be murky and confusing. What you may consider “copying” potentially covers a wide range of activity that may or may not be infringement. For example, someone creating an item that looks a bit like yours is different from someone using your trademarked name in a misleading way, or posting a photograph you took without your permission. Please consult an lawyer or tax expert if you have any questions.
• Resolve IP issues prior to relisting the item. We encourage you to directly contact the party that provided the report to Etsy if you have questions about the infringement claim, why your content was identified as allegedly infringing, or how to resolve the issue. You can also consider speaking to a lawyer. Don’t create additional listings for this content unless the issue is resolved with the other party. Repeat reports of infringement may result in the loss of account privileges."

[PrimFun]

Don't look for what others did.  Good advice above.  Following others will get one into trouble.

[riasusama]

Thank you everyone, I wasn't thinking straight. Thank you so much for all the advices. Its good to have someone to help up