Notice Submission: Copyright or trademark holders can file a notice with Etsy’s legal team. The notice should include specific details about the infringed item and proof of ownership.
Takedown Action: Upon receiving a valid notice, Etsy will remove the listing in question and notify the seller.
If You Receive a Takedown Notification from Etsy:
Immediate Action: Sellers will see the listing in question deactivated. They’ll also receive an email notification with details about the infringement claim.
Potential Consequences: Sellers with multiple infractions could face penalties, including suspension of their shop.
Counter-Notice: If sellers believe their content was wrongfully taken down, they can submit a counter-notice. This requires accurate information, including a statement under penalty of perjury that the content was misidentified.
Trademark Violations: Use of another’s trademark, brand name, or logo without permission can lead to takedown actions.
Defenses: Some defenses, like “nominative fair use”, might apply, but sellers should be cautious and informed before claiming such defenses.
Tips for Etsy Sellers to Avoid Intellectual Property Issues:
Do Your Homework: Before listing an item, ensure no copyrighted materials or trademarks are used without authorization.
Engage in Original Creation: Focus on creating unique, original items to minimize infringement risks.
Stay Updated: Intellectual property laws and platform policies can evolve. Regularly review Etsy’s policies and stay informed.
Contact us for more information on Intellectual Property issues on Etsy.