ETSY TAKEDOWN

Etsy is a global marketplace for unique and creative items.

They claim to be committed to protecting intellectual property rights.

For sellers, it’s crucial to understand Etsy’s processes for dealing with copyright and trademark violations.

Key Takeaways of Etsy’s Intellectual Property Policy:

• Proactive Measures: Etsy employs automated tools to scan listings for potential violations.
• DMCA Policy: Etsy adheres to the Digital Millennium Copyright Act, processing notices of alleged infringement and taking action where required.

Reporting a Violation on Etsy:

• 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 Considerations:

• 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.