[E-trademarks] Etsy

Tue Dec 17 22:37:40 UTC 2024

 Yes, I have noticed in recent years that Etsy, YouTube, and many other services are limiting the application of the DMCA as well as providing guidance to recipients of claims on how to respond.  
    On Tuesday, December 17, 2024 at 05:33:30 PM EST, Tushnet, Rebecca via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:  

 That doesn't quite match up with my experience sending takedowns for people based in the US—but if foreign sellers have learned this rule and provide Etsy with a US address, that might explain some things I have seen. 

Rebecca Tushnetshe/herFrank Stanton Professor of the First Amendment, Harvard Law School703 593 6759From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Bosland Law via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Tuesday, December 17, 2024 4:17 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Bosland Law <office at bosland.law>
Subject: Re: [E-trademarks] Etsy Hi All!

     I definitely run into Etsy issues.  They don't seem to respond to a "counter" of a trademark infringement complaint.  I guess you just have to hitlegal at etsy.com..
     Another issue I run into is Etsy's refusal to process DMCA counters against notice and takedown requests from foreign domiciliaries.  They cite the following detail 

3. Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA),Etsy accepts counter notices for US-based copyright infringement reports only. When Etsy receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order restraining the allegedly infringing party from relisting the items or a qualifying action with the Copyright Claims Board (CCB), and informs Etsy of this action. Read more about DMCA notices, counter notices, and requirements here.-- https://www.etsy.com/legal/ip

     I read that as "US based infringement," not "US based reports."  But that's not how it goes down much of the time...

db
On Tue, Dec 17, 2024 at 8:23 AM Laura Geyer via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:

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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