Etsy is an online marketplace where artists can sell handmade, unique, and vintage crafts and items. Buyers can find special and distinctive gifts and items, including personalized items, customized creations, and digital art. Etsy is a platform that connects independent sellers with millions of customers.
However, Etsy is not without its problems. There is the risk of intellectual property infringement when you offer goods for sale on Etsy. Likewise, you could also be falsely accused of intellectual property theft. Understanding your rights and hiring a defense firm are crucial if you are facing allegations of intellectual property infringement.
Our Etsy intellectual property defense attorneys at The Keleher Appellate Law Group, LLC, can help. Contact us today to schedule a consultation with one of our experienced lawyers and discuss how we can assist you.
How The Keleher Appellate Law Group, LLC Can Help You with an Etsy Intellectual Property Dispute
When a seller protects their intellectual property, they may believe they are safe from attack. That is not always the case. Thousands of intellectual property infringement cases are filed each year. Etsy has specific procedures for sellers to file complaints when someone infringes on their rights.
Unfortunately, the ease of reporting copyright and trademark infringement on Etsy makes it easy for dishonest individuals to cause trouble for honest sellers. Our Chicago Etsy intellectual property defense lawyers at The Keleher Appellate Law Group, LLC, fight for your rights by defending you against allegations of intellectual property infringement.
When you hire The Keleher Appellate Law Group, LLC, our top-rated Chicago appeals and litigation lawyers will:
- Conduct a prompt and thorough investigation into the IP infringement allegations against you
- Explain the process for challenging the allegations and defending your IP rights
- Respond to cease and desist letters and subpoenas
- Negotiate a resolution to the allegations using alternative dispute resolution when possible
- Take the case to court and argue for your rights and compensation for damages
Our IP defense firm has extensive experience handling all types of cases involving intellectual property infringement. We are seasoned trial lawyers. However, we are also skilled in resolving IP claims out of court. We utilize various tools to help clients avoid litigation, thereby minimizing disruption to their business and reputation.
Call The Keleher Appellate Law Group, LLC, today to discuss your situation with an experienced Chicago IP defense lawyer.
Understanding Etsy’s Intellectual Property Policy
Etsy’s goal is to remain as innocent as possible when parties argue about intellectual property infringement. Therefore, it must ensure that it follows the law while minimizing its role in the conflict as much as possible.
Therefore, Etsy has created a policy to handle allegations of intellectual property infringement. Etsy’s policy meets the legal requirements for an online platform that connects buyers and sellers, while limiting its liability to only that which is directly related to the platform itself.
Common types of IP complaints on Etsy include copyright and trademark violations, as well as patent infringement. Examples include using a logo on handmade products, using a trademarked slogan, and using the likeness of a person or character.
A person files an online report with Etsy claiming that content being sold in the marketplace violates their intellectual property rights. Etsy processes the report of infringement and may remove or disable access to the material alleged to be an infringement. Etsy makes a reasonable effort to notify the impacted member of the action, including providing the member with a copy of the infringement report.
Responding to an IP Takedown on Etsy: Options for Etsy Sellers Accused of Intellectual Infringement
Etsy does not get involved in resolving IP disputes. It does not make decisions about whether a listing infringes on the intellectual property rights of another party. However, Etsy does accept counter notices in accordance with the Digital Millennium Copyright Act (DMCA) for US-based copyright infringement notices.
A counter notice must contain specific information, including:
- Identification of the alleged infringement subject to the takedown
- The party’s name, address, telephone number, and other contact information
- A good faith statement made under penalty of perjury that the party believes the items were removed or disabled because of a misidentification or mistake
- Consent to the Federal District Court having jurisdiction of any legal action and to accept service of process from the person who filed the DMCA takedown notice
- The party’s signature
The service provider may reinstate the removed items within 10 to 14 business days unless the IP owner files a lawsuit or an action seeking a court order to restrain the infringing party from relisting the item.
When Should I Involve an Etsy Intellectual Property Defense Attorney?
Intellectual property laws are complicated, making actions involving intellectual property infringement difficult to navigate without legal counsel.
- Repeated violations of intellectual property rights
- Etsy takes down your items because of a complaint by another party
- Formal cease-and-desist letters
- Threat of litigation
- You receive a subpoena from Etsy
Intellectual property fraud, including trademark infringement, patent fraud, and copyright piracy. Intellectual property infringement can result in numerous consequences, including restitution, fines, and financial restitution. In some cases, a person could face imprisonment. The impact on the victims, the scale of the infringement, the person’s intent, and prior offenses are factors that can influence the outcome of an intellectual property infringement case.
Potential Defenses to Intellectual Property Infringement and Fraud
Our Etsy intellectual property defense attorneys analyze the specific factors in your case to develop the most effective defense strategy. Potential defenses to IP infringement include:
- Lack of intent to infringe upon another person’s IP rights
- You had a license or authorization to use the intellectual property
- The fair use doctrine allows limited use of the copyrighted material without obtaining authorization or permission from the owner, such as using the material for research, teaching, or news reporting
- Challenging the validity of the intellectual property
Our legal team provides invaluable guidance and support throughout the process. We use our extensive resources and skills to develop a defense that gives you the best chance of a positive outcome in your case.
Consult an Etsy Intellectual Property Defense Attorney
If you’ve been accused of copyright, trademark, or intellectual property infringement on Etsy, do not try to navigate the matter alone. Seeking experienced legal advice should be your first step. Because you may face very short deadlines, including those related to complying with subpoenas and other court orders, we encourage you to call our office today to speak with an Etsy intellectual property defense attorney.