Comments on: What to Do If a Brand Pulls Your Item from Etsy? https://www.ecommercebytes.com/2022/03/06/what-to-do-if-a-brand-pulls-your-item-from-etsy/ Ecommerce Industry News Mon, 07 Mar 2022 17:11:45 +0000 hourly 1 https://wordpress.org/?v=6.5.3 By: fusgeyer https://www.ecommercebytes.com/2022/03/06/what-to-do-if-a-brand-pulls-your-item-from-etsy/#comment-7258 Mon, 07 Mar 2022 17:11:45 +0000 https://www.ecommercebytes.com/?p=227211#comment-7258 My shop got caught up in one of those sweeps. It was for a brand name and product type that we do not even carry. The “net” that was cast included KAW although the company name is KAWS. Our artwork was for a travel post to Kaw Point, a National Historic site in Kansas. The National Park Service owns the name Kaw Point, not this company. I contacted the party listed in the take down email and they cleared it up for me. It took a bit of work, but the take down was not justified. I was able to relist the item.

However, Etsy’s response to me to inform me that IP claim against me was recinded, was rather obnoxious. The overall tone was that I was lucky this time, and my account would not be penalized as long as there are no other outstanding IP claims against me. I never intentionally infringe. This claim was bogus, and I should have been offered an apology instead of implying that my business model is ripping off others IP.

My advise to anyone selling in an online marketplace – find a really good business attorney. Establish a relationship with them. When you do get an IP claim, or if you need to file one, it is better to have a phone number handy with a person who knows you than it is to start searching. Sometimes an email or letter in legal speak is very convincing.

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