my listing was removed by Etsy

[NextOfCreat]

I received a message that my listing was removed by Etsy.
I do not understand the reason for the removal.
This item was created by me by combining parts of several dolls. I added new hair to the doll myself. This is an OOAK product. A unique item created by recycling old dolls.
What is my violation? Is it forbidden to sell dolls? Is it forbidden to sell dolls without clothes? What is wrong???
I contacted the Support Service. I received a bot response that boils down to a proposal to read the rules of sale.
How can I fix the violation if I do not even understand what it is?
I am so upset that I am already afraid to list the product. Because any listing can be removed without explanation at any time. All I read in the letter in response to my problem is a threat to block my store if this happens again.
How can I avoid this? Who will explain what the violation is? How can I talk to a HUMAN and not a bot?
Help me please. I am so desperate.

[PlatypusDream · Accepted solution]

What did the email say? Was it from MATTEL, the owner of Barbie?

Remove the famous brand names from your items UNLESS you have paid for legal licensing from Mattel to alter and resell their items. Your whole shop is full of violations!

Using the name BARBIE on upcycled items makes your items illegal counterfeits in Mattel's eyes, and Etsy's.

https://www.etsy.com/ca/legal/prohibited#Q5

"Unauthorised replicas or copies of items, and patterns or designs enabling their creation, are prohibited on Etsy. We consider counterfeit or unauthorised 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 re-purposed 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."

[NextOfCreat]

Thank you for telling me the reason!
Then tell me what should I write in the title of the product and in the tag so that the buyer can find products for these dolls?

[NextOfCreat]

No, the letter did not mention MATTEL's name.

[KKbraceletsandmore]

Can't use the names Barbie, Ken, etc.  Best just to refer to them as 12 inch fashion dolls.  Same with any other dolls that you have identified by name.  This would be an intellectual property (IP) violation.

[BootifulLabels]

If you use a brand name like Mattel or Barbie when describing your upcycled dolls, you are in breach of the original maker's Intellectual Property rights.  Taking parts of older toys and replacing or adding bits and pieces may be allowed with their permission (unless the original maker prohibits the practice), but using the name of the original toy or its maker is trading on their reputation to sell your modified version.  This goes against IP laws, the end product is no longer a Mattel or Barbie product, it is NOT associated with the original, but buyers may be led to believe it is a genuine one if you trade on their name.  

If the email you received when Etsy removed the listing bears the name and contact details of the original maker, you will need to contact them and negotiate a license to modify their toys, IF they are willing to do that (don't be surprised if they won't, their reputation is exceedingly important to them, and they may not be willing to risk the issues that could arise if your modified item doesn't meet with buyer's satisfaction.

[NextOfCreat]

I had one product before, in the letter about the removal of which it was stated that it was at the request of the doll manufacturer. I wrote him a letter. I never received an answer. All subsequent letters also remained unanswered. Thank you for answering me!

[BootifulLabels]

Yeah, sometimes you will get that.  The big names more often will not want people using their Trademarks/Brand names to sell handmade goods and their way of dealing with it is to lodge takedown notices and then ignore appeals (they are not legally obliged to consider one to one appeals, and if they take the "no negotiation" stance, it formally places the ball back in your court to follow up with court action if you believe in your cause and have deep pockets.)  Best just to avoid using the words Barbie or Mattel ANYWHERE in the listing, simply state the item is suitable for all the popular 10" or 12" dolls and stay clear of the brand names.

[VintageRescueSquad]

Etsy will never tell you specifically why an item was removed, because that constitutes business and/or legal advice, which they will not provide.

You are expected to follow etsy rules and trademark laws.

In looking at the premise for your shop, it's most likely trademark violation

[NextOfCreat]

Thank you for answering me!
I will make all the necessary changes to my store right now. It is still young. I have only been here for one year.

[FallenAngelBrass]

Using the actual Barbie dolls to sell your products is a violation of Mattel's IP.  Not only using the name Barbie, but also using euphemisms to describe the dolls is a violation of the IP.  Anything that can be confused with Barbie is a violation of the Barbie trademark.  If your product is valuable only because someone else invested time, creativity and finances (and holds a trademark,) your product is a counterfeit and trying to profit off of their trademark (AKA selling your product) is considered theft. 

[NextOfCreat]

How can I sell the clothes I create for Barbie without a photo of the clothes on the doll? The buyer wants to see what he is buying.
Thank you for answering me!

[ChantillyAvenue]

@NextOfCreat 

You could try taking the heads off the dolls.  If there's no trademarks showing, and you haven't mentioned the brand or doll names, they may pass muster.  I have a huge vintage Barbie collection and occasionally buy handmade clothing & accessories for them, and most of those sellers manage to sell those items without getting into trouble.  Some are just DMCA notices waiting to happen.  But there are established sellers out there making a go of selling their own fashion doll clothing & accessories without issue.

[ArtDollsbyJD]

@NextOfCreat   Don't use the name Barbie.  Making a doll or using the doll for purposes of remodeling the doll never seems to have raised Mattel's ire as reusing the dolls have been going on for a long time with people altering the dolls for sale.  You can find plenty of redone Barbie dolls in doll blogs and other venues as well as Etsy. But the name Barbie is never used when people describe their remade dolls.

However using the name is incorrect.  It is trademarked for the doll they market.  You can say fits 18 inch fashion doll.  You can still use a Barbie doll to model.  You just can't use the trademarked name as you are not associated with Barbie or Mattel.  If you really want to avoid the issue buy an 18 inch fashion doll from a toy store.  There are 'Barbie' versions.  

[NextOfCreat]

After reading your message, yesterday I specifically went to the shops selling dolls with names. For example, the title "Custom doll Blythe" is very common among sellers. The sellers do not hide the name of the doll that has undergone alteration. Many artists sell them modified.
Why do such difficulties arise with Barbie and LOL? I can't find the answer. But I removed this name from the titles of all my products. Please tell me if it is possible to use it as a tag?
Thanks again for your answer!

[PlatypusDream]

@NextOfCreat 

"I specifically went to the shops selling dolls with names. For example, the title "Custom doll Blythe" is very common among sellers."

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

"I see a similar item on Etsy. Can I sell it, too?

Many sellers write to us saying that they’ve searched Etsy for a certain item to determine if they could sell similar items. Others say that they created the listing using materials purchased from Etsy. These are not reliable tests.

Etsy is a venue comprised of third-party content generated by our sellers. An Etsy seller may post content that’s not authorised and it may be visible on our site until we receive an infringement report or is otherwise removed."

[ThePurplePuppy]

@ArtDollsbyJD 

Barbie is not an 18" doll. She is , I think 11.5" fashion doll. Maybe 11"?).

I have never seen or heard of an 18" Barbie. American Girl dolls do come in 18". Maybe that is what you were thinking of?

[BagmakerSupply]

@NextOfCreat: "... I specifically went to the shops selling dolls with names." Keep in mind that Etsy let a lot of violations slide for a very long time, and now with the recent rule changes it is clear that Etsy has stepped up enforcement of the rules. We never know the exact trigger that flagged a listing and the listings you still see are just the ones that have not tripped existing triggers. You will never know how many other listings were taken down by the same trigger that caught you.

"... is possible to use it as a tag?" The bots (both Etsy's and intellectual property owners') that look for intellectual property violations check descriptions along with titles, tags, and materials (and possibly even alt tags if you are using them) and the bots are also "reading" images.

[BootifulLabels]

@NextOfCreat 

Why do such difficulties arise with Barbie

Because Mattel spends millions on advertising to keep Barbie in the #1 spot in the market.  If someone comes along and makes a doll outfit and uses the name Barbie to describe it, from Mattel's point of view there are really only two possible outcomes.  Either the outfit becomes popular and perhaps takes sales away from Matell's own product, or it gets a poor reputation and since it was sold using the Barbie name it causes confusion for buyers and possible lost sales, because the quality is not what Barbie lovers are used to.