Anti Piracy
& Anti Counterfeit Blog

How to report intellectual property infringements on Etsy

Posted by Ryan Williams on Monday, Apr 16, 2018

The Red Points guide to remove bad sellers from Etsy

Has someone stolen your designs? Are they copying your branding, or using your art? These are all common issues that we’re familiar with at Red Points, so we’re here to help.

Just follow our simple guide, and those infringing listings on Etsy can be taken down, and you can return to doing what you love!



Step 1: Copyright or trademark? What to report?


First things first, you’ll want to have all the important details ready, and this depends on what IP right is being infringed.

Copyright infringement

Copyright protects creative work, such as photography, music, writing, videos and so on.

Trademark infringement, or counterfeit products

Trademarks are used for anything that identifies a brand or business, such as names, symbols, images, slogans etc. Counterfeits are imitations of legitimate products, and are intended to deceive customers into thinking the item is authentic

Patent infringement

Patents protect inventions, innovative designs and functions, and machines.


Need more clarification?

Etsy have a dedicated IP section of their site, full of legal information to make your experience simpler, found at https://www.etsy.com/legal/ip.


Step 2: Preparing your Etsy report information

So, now that you know what's being infringed, we can move on to the next stage. Here, we'll tell you what information you should have ready before you actually file your report.

Remember, you can keep adding cases of infringement to your report if someone’s copied a number of your products, but if you want to report different types of infringements, you should file separate cases.

Information pertaining to all cases

  • Owner of the IP (contact info, address, and personal details)
  • Any relevant educational materials (optional)
  • Links to the Etsy pages infringing upon your work, or the Etsy listing ID

Information needed, separated by type of infringement


Copyright

  • Name or title of the copyrighted work
  • Online examples of the copyrighted work (prepare some URLs)
  • Where the copyright is registered
  • The registration Number

Trademark or counterfeit

  • The trademark
  • The registration number
  • The jurisdiction of the trademark
  • Classes of trademark

If you’re still waiting for a trademark application

  • The application or serial number
  • The jurisdiction of the trademark application
  • Classes of trademark
  • Legal basis for the claim of trademark rights
  • First year the trademark was used
  • Where the trademark is used

Trademark (unregistered, but with basis for rights)

  • The legal basis for the claim of trademark rights
  • First year the trademark was used
  • Where the trademark is used

Patent

  • The patent registration number
  • The jurisdiction of the patent

Unregistered patents can’t can’t be defended on Etsy. To defend your IP, get  your patent registered as soon as possible!


Other type of infringement

  • IP being infringed
  • The legal basis for the claim


Step 3: File your Etsy IP claim

If you’ve prepared all your information, this next part is a breeze.

Simply go to the reporting page at: https://www.etsy.com/legal/ip/report. You will arrive at a page shown in the image below.

The Etsy IP infringement report form

Fill in the boxes, follow the steps, and click submit.

The Etsy legal team will review your case, and if all goes well, your IP rights will be protected. If, after 3 working days, you've received no confirmation, try filing the report a second time. 

 

What now?

Ideally, you’ll never see a counterfeit again! But, things aren’t ever that simple. You can report sellers on Etsy and report fake sellers one by one, but it's a slow, inefficient process, and your counterfeit issue may be far deeper than you even realise. For a full, long-term solution to your counterfeit issues, or for any other issues you may be having, get in contact with us at contact@redpoints.com. We are experts in brand protection, and we’ll be happy to help put an end to your worries.

If you're experiencing counterfeit problems on eBay, we've created another guide to help some more!

 

Red Points’ legal disclaimer.
The contents of this publication do not necessarily reflect the position or opinion of Red Points. The services of the Red Points Blog are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. Before taking specific actions in relation to IP protection or enforcement all customers are advised to seek independent legal advice.

Our PDF guide on how to report a fake item on eBay

About the author

Ryan Williams

Post Written by Ryan Williams

Ryan is a copywriter and researcher at Red Points, focusing on topics surrounding global affairs, new technology and culture.