The problem is:
- Someone is selling my art illegally on Etsy.
- So I file a DMCA takedown notice.
- Then Etsy removes the listings that I reported.
- But sometimes the infringers file fake counter notices, claiming that they have the rights to sell my designs.
- Etsy accepts those fake notices and restores the illegal listings.
I don’t yet know how to deal with this — I will need to consult my attorneys. Etsy is clearly accepting fake counter even though the notices are clearly not valid — for example, they don’t contain an address.
I don’t have a solution for this issue yet. I am simply writing it here to rise awareness. I know other must be facing the same problem.
A solution to the fake counter notices would be to file for a Temporary and Final Injunction with a Restraining Order in Federal Court. Another cheaper option is to go through the Copyright Claims Board which should be operational this Spring 2022.
My art has been infringed upon for too many decades, I feel your pain! My family also owns a pretty popular brand, hence IP take downs are a constant for us as well as costly litigation.
The attitude that plagiarism, copying, piggybacking, stealing others’ creativity is like a cancer spreading that needs to be nipped in the bud. More artists do need to stand up to these sneaky, shady thieves.
Hi Marcia, thank you for visiting my blog!
I am sorry that you too have problems with thieves. No artist is really safe. Just as soon as a new artwork is created it’s at risk of being copied and sold illegally. Sometimes it takes them just a few days. It’s a constant struggle to report illegal listings, any time we manage to remove something a new one pops up.
I haven’t heard about the Copyright Claims Board, will look into it. I hope it will make the takedown process easier.
Yes, new infringing listings popping up on different selling platforms after you’ve just reported happens a lot. We call it the DMCA Whack-a-mole in my family. Once they are shut down on one marketplace (Etsy), they pop up in a different one (Redbubble) or they relist in the same platform when they think you’ve moved on. These kinds of tactics are meant to discourage us maybe, but I’m particularly persistent just like you seem to be. I stumbled upon your blog when I saw an infringer using our trademark combined with one of your cat images. Your posts have comforted me. I feel less alone in the fight for justice, Justyna, so Thank you for writing and blogging the sentiments I share!