[E-trademarks] Etsy

[Dale Quisenberry]

You can always put the company on notice of the infringement by sending directly to their General Counsel, and then if they ignore that they lose safe harbor, and once you file a lawsuit then you are in direct contact with their outside counsel.

C. Dale Quisenberry
Quisenberry Law PLLC
13910 Champion Forest Drive, Suite 203
Houston, Texas 77069
(832) 680.5000 (office)
(832) 680.1000 (mobile)
(832) 680.5555 (facsimile)
www.quisenberrylaw.com<http://www.quisenberrylaw.com>

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Laura Geyer via E-trademarks <e-trademarks at oppedahl-lists.com>
Date: Tuesday, 17 December 2024 at 10:25 am
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Laura Geyer <lgeyer at ndgallilaw.com>
Subject: Re: [E-trademarks] Etsy
Dear Jack:

Yes, many times. If it’s a copyright issue, their DMCA process is usually reasonably fast so long as it’s a straight-up DMCA situation (ie, copyright, you can point to the infringement and to what it’s infringing, and you provide all the other necessary info. If you haven’t got a copyright issue that falls under that, but rather a trademark issue, if you have a trademark registration, they have a form-based filing process to complain about that and if the situation is a flaming infringement, they will generally act. They also are reasonably good if your client’s complaint is based on obvious fraud or falls into one of the “abuse” categories. Again, you have to use the proper form to get anywhere.

I’ve never had any success with an escalation without going through their formal process first.

And generally if the form-based process doesn’t work, they want people to sort it out themselves.

The “do you know someone at Etsy” (or ag Google or at any of the places that something infringing but not something the company will generally act on is going on) is a tempting way to go at it, but since they themselves (Etsy or Google pr Meta or similar employees) have limited capacity to do anything, if someone here *did* have something as close to the elixir of eternal life as a contact at Etsy or one of those places who could actually do anything, that would be a close-held secret saved for a once-every-five-years type emergency. You can imagine how quickly you’d burn that connection if you handed it out, given how *&^% unresponsive the companies can be if their formal process doesn’t work!

I can sometimes work my way into a real human’s email address via targeted googling, and then use that to work my way to someone who can do something by using the company’s email format to guess the correct email address of the person you’re trying to reach. I’ve never succeeded in getting someone at one of the big platforms to act (only smaller ones), however, and the sole time I reached such a person I was told they were forbidden by internal policy from helping people outside the usual pathways.

Good luck!

Laura Talley Geyer | Of Counsel

ND Galli Law LLC
1200 G Street, N.W., Ste 800
Washington, DC 20005
Tel: (202) 599-9019 (direct)
https://ndgallilaw.com/laura-geyer/
https://ndgallilaw.com/

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Jack Baldini via E-trademarks
Sent: Tuesday, December 17, 2024 9:42 AM
To: 'For trademark practitioners. This is not for laypersons to seek legal advice.' <e-trademarks at oppedahl-lists.com>
Cc: jack at baldinilaw.com
Subject: [E-trademarks] Etsy

EXTERNAL EMAIL
Hello all,

Anyone have clients with issues selling on Etsy?  Anyone have a direct contact for someone at Etsy who can help expedite resolving account issues?

Replies off list please.

Thanks all,

Jack

John Brooks Baldini, Esq.
Baldini Law, LLC
12557 Leatherleaf Drive
Tampa, Florida 33626
(973) 945.1645
www.baldinilaw.com
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