Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

We are looking for moderators.  Message the admin if interested.

Author Topic: DMCA Takedown Notice counter notice question  (Read 959 times)

MLMStella

  • Newbie
  • *
  • Posts: 2
    • View Profile
DMCA Takedown Notice counter notice question
« on: 09-27-16 at 05:34 pm »

Hi there, I have an original design that I have been selling for over a year in digital format on Etsy. It is a popular design and I have had to file several DMCA Takedown Notices with Etsy for copyright infringement, sellers actually tracing my design and selling it in digital format on Etsy. Because of this ongoing issue, I registered a copyright in June, but have not received my registration number yet, just the case number.

A couple of months ago I filed a DMCA Takedown Notice a seller whose listing was 7 design, 1 of which was my intellectual property. Because my design was only one of seven designs in her listing, she filed a counter claim. I contacted the seller and she agreed to remove my design and I withdrew the DMCA Takedown Notice with Etsy. Yesterday I filed another DMCA Takedown Notice for this same design against a different seller and within 15 minutes I received an email stating that Etsy rejected the notice of intellectual property infringement because "this material has already had a counter notice submitted." I emailed Etsy Legal immediately, explaining the situation with the previous counter claim, with a copy of the emails with Etsy Legal, but they have not responded and it has been over 24 hours. In the meantime, this seller has now listed another variation of my design and both listings remain active.

My question is this, can Etsy legally ignore my DMCA Takedown Notice based on a previous counter claim by a different seller? How should I proceed with the issue? Thank you so much for any insight!
Logged

artchain

  • Senior Member
  • ****
  • Posts: 583
    • View Profile
    • ArtChain Artist and Art Group Directory
    • Email
Re: DMCA Takedown Notice counter notice question
« Reply #1 on: 09-27-16 at 07:10 pm »

My question is this, can Etsy legally ignore my DMCA Takedown Notice based on a previous counter claim by a different seller? How should I proceed with the issue? Thank you so much for any insight!

Etsy does not have grounds to ignore your DCMA Takedown Request.

By not acting as required under the law, Etsy has voided their safe harbor protection.  You now have the right to include Etsy in any suit regarding the copyright violation.  Great, right?

At this point, I think your best recourse is to continue to try working through Etsy's legal department.  24 hours is not really a long time.

Another option:  do a Google search for the specific page that violates your copyright.  You may have to play with search terms to get the page to come up.  Then, file a DCMA Takedown Request with Google to eliminate that page from Google search results:

https://support.google.com/legal/troubleshooter/1114905?hl=en

Google will notify Etsy, which *might* get somebody's attention there.



Logged
This post is provided for information purposes only, and does not constitute legal advice.

ArtChain Art Directory | Copyright Safeguard | ED Treatment Center

MLMStella

  • Newbie
  • *
  • Posts: 2
    • View Profile
Re: DMCA Takedown Notice counter notice question
« Reply #2 on: 09-27-16 at 08:50 pm »

Thank you so much for your response! I finally heard back from Etsy and they are now saying that this seller filed a counter when I filed a takedown against them for this same design last month. I have asked Etsy to provide proof of when/where the counter claim was sent because I have no record of it and I keep very close tabs on all correspondence from Etsy legal. I don't expect I will here back from them right away, in the mean time, I have located an intellectual property lawyer in the sellers area who I will be consulting with tomorrow. It's not a high dollar item, but it is my best seller.
Logged

artchain

  • Senior Member
  • ****
  • Posts: 583
    • View Profile
    • ArtChain Artist and Art Group Directory
    • Email
Re: DMCA Takedown Notice counter notice question
« Reply #3 on: 09-28-16 at 11:12 am »

Good luck.  Theft of IP is widespread in the art/craft world, and I think it's largely because people don't do anything to protect their rights, so thieves assume they will get away with it.

Logged
This post is provided for information purposes only, and does not constitute legal advice.

ArtChain Art Directory | Copyright Safeguard | ED Treatment Center
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.108 seconds with 20 queries.