my main listing has been deactivated in error

[WestNinthVintage]

I am super nervous & worried!

I got an intellectual property claim for a listing image that I am the owner of - I did the shoot myself & its my own artwork.

I wrote to ETSY multiple times but I am unable to get it sorted.

There is one very strange thing - The person who has put through the intellectual property claim has posted several other pictures in his Instagram as well & all of them are of my competitors & each one of the listing has already been taken down. All the posts were made recently - looks like the images were downloaded through the listing page & reposted in Instagram.

Is it possible that I could get ETSY to review this situation please?

[HazelsSewingSupplies]

Etsy doesn't hang out here very often so you might want to contact them direct.

What is the image you are using - maybe someone in the forum can give you some advice?

[WestNinthVintage]

I have been trying to contact them but I couldn't get any response thus far.

This month has been very unfortunate for me.

The image is very simple, a person holding a neon sign! Its my own artwork - I took this photo about some months ago. 

[hopeandjoyhome]

What did the neon sign say? If it is like your other photos that would confuse me as to the issue too. Did they file as TM or copyright?  Could there have been a tag used that was TMed like a certain font name?

[HazelsSewingSupplies]

That's a non answer

What is the image on the neon sign?

[hopeandjoyhome]

What was the image of? If I draw "Mickey Mouse " that is still infringement. It being my drawing makes no difference. 

[WestNinthVintage]

it says 'create your own neon sign' - i craft & sell neon signs..

[SeasideRoseCreations]

If someone contacted them saying you are infringing on their product, Etsy takes down the listing.  It is then up to you to figure out/work it out with the person reporting.

Etsy won't get involved unless/until they are notified the takedown was in error.

You have to work this out with the people that reported you.

Also, read all the infringement info in the handbook.  There is a lot more info there to help you.

[BellaTreasuresByMT]

I think the word "NEON" is Trademarked by Arm Limited.

[hopeandjoyhome]

Are you forking kidding. ..that is crazy.

[BellaTreasuresByMT]

Arm and Neon are registered trademarks or trademarks of Arm Limited (or its subsidiaries) in the US and/or elsewhere.

[hopeandjoyhome]

I looked at the TESS trademark lookup site. It looks like the words Custom neon might be the issue.  Someone tmed that last November.  Not sure how that passed. You might have to get rid of the phrase custom neon  and use personalized neon or your choice neon. I would definitely do deeper research on this if I was you to see if that was even who did the removal. 

[hopeandjoyhome]

You need to look at what categories the neon TMs are filed. Just the word neon is filed for liquor for example but that would not affect you. Check the other live ones. Custom neon looks like it is tmed for LED and neon signs...but I  may have misread that. Did all the other removed listings say "custom neon"?

[hopeandjoyhome]

If you have no offending tags I would see if you could file a DMCA counterclaim.  If it was filed as TM infringement you can't do that but would need to reach out to them to see what the issue was or get a lawyer involved.

[JMOldeVintage]

Neon is a chemical element, atomic number 10 - per google.

NEON - is trademarked - for a streaming service - initiated in 2020 (?). There is a description of font used, etc.

So possibly you may need to change your photo, etc. to just "Neon"? Google "Neon" & then contact the company that filed the DMCA.

[CraftyCornishMaids]

If you had an IP infringement, etsy will NOT discuss it with you at all, don't bother trying, they are sticking to the law.

If it's copyright takedown notice, you have to issue a counterclaim, this is how etsy says to do it.
https://www.etsy.com/uk/legal/ip-counter

If it's a trademark notice, you have to sort it out with the trademark holder.

[WestNinthVintage]

What seems to be the issue for me is

A competitor downloaded images of all the main listings in the category & posted them in Instagram & then used the Instagram links to file intellectual property claims.

The email I received from ETSY contain all these details so I was able to preview it. The account is fake & all the images posted there are solely posted to file fake IPC complaints.

All the posts in the Instagram profile are recent - some days ago.. While my listing has been live for months. 

What I mean to say is - the IPC filed is completely false, baseless & I would want the technical team to review it before more damage is done to my business. Me along with other sellers selling Neon Signs have been damaged. I have been noticing it since my listing went down!

[WestNinthVintage]

I have also filed a counter claim.

I just wish someone from ETSY could help manually review it all.

Its very frustrating for me! 

[CraftyCornishMaids]

Etsy have safe harbor status,

by law, they can't discuss it with you, they have to follow the law, which is what they do.

frustrating, but that's they way safe harbor works

[howtobooksandmore]

This would entail etsy giving you legal advice.  Most of etsy staff are not lawyers and the ones that are lawyers are paid by etsy.  You need to pay for your own legal advice.  People in the forums can only advice you want what might work.  It is up to you to follow through by consulting a lawyer.

[SmudgePlant]

Maybe you need to specify that your signs are LED Neon signs and not actual Neon signs (Bent glass tube filled with Neon gas.)

[Spellbinderie]

If you know of other affected sellers, I recommend that each of you contact Etsy and explain that someone is filing false takedown notices to interfere with the following shops -- then put all your names / shop links.

This kind of interference has happened before and sellers have been able to get Etsy to investigate and take action  - They WILL investigate if they suspect there is foul play, safe harbor status does not prevent that.

[Spellbinderie]

@WestNinthVintage 

You've sent that info to Etsy legal?

This is going to take persistence on your part.  Unlikely Etsy will react to only YOUR complaint and for certain not your 1st or 2nd.  Keep at them, keep it short and to the point and always with evidence.  If you can get a lawyer to send a letter to Etsy, that would be even better.  Maybe there's some free legal assistance in your area?

[RamenSandwich]

What you describe sounds pretty sinister — in fact, it might qualify as perjury because the party filing the complaint probably had to sign an affidavit that they had the right to press the infringement complaint against you. Since you have a paper trail leading to a particular Instagram account, it might be worth consulting with a lawyer who understands trademark law and see if there's any basis for going after the person(s) behind that account to shut them down completely.

[SugarTaffySoap]

Dashboard > Community & Help > Contact Us >Selling on Etsy >Manage Listings, if none of those topics apply, go to the bottom and click  "I Still Need Help"

Hope this helps. Best of luck.