Etsy Legal

[Curious Curator]

I just received this from Etsy Legal. What am I doing wrong? I did not “make the fabric”? I am selling it-just as I purchased it. Does anyone have any insight to this? Thanks so much.

“Etsy received a notice of trademark infringement from Epic Rights, LLC alleging that certain material on Etsy is not authorized. In accordance with ourIntellectual Property Policy, Etsy deactivated the 1 listing specified as infringing and, where applicable, refunded the listing fee.

Etsy is not in a position to speak on behalf of the complaining party and cannot provide legal advice.

If you have questions about the notice, you may consider contacting Sofia Caban (Andrianna.Caban@epicrights.<wbr />com), the authorized representative of Epic Rights, LLC who provided Etsy with the notice, or talking to an attorney. Please reference this help article for information about how Etsy handles these types of notices.

Do not create additional listings for this content unless the issue is resolved with the other party. Repeat notices of infringement may result in the loss of account privileges.

Below is the information provided in the notice:
<div></div>
<div>
<h1>Epic Rights, LLC Representative’s Information</h1>
<table>
<tbody>
<tr>
<td>Name:</td>
<td>Sofia Caban</td>
</tr>
<tr>
<td>Company:</td>
<td>Epic Rights, LLC</td>
</tr>
<tr>
<td>Email:</td>
<td>Andrianna.Caban@epicrights.com</td>
</tr>
</tbody>
</table>
</div>
<div></div>
<div>
<h1>Epic Rights, LLC Intellectual Property</h1>
<b>ACDC trademark</b>

<hr />

<table>
<tbody>
<tr>
<td>Trademark registration number:</td>
<td>NS</td>
</tr>
<tr>
<td>Trademark jurisdiction:</td>
<td>NS</td>
</tr>
<tr>
<td>Trademark Registration:</td>
<td>registered</td>
</tr>
<tr>
<td>Trademark application classes:</td>
<td>NS; infringing upon the intellectual properties of Artist</td>
</tr>
</tbody>
</table>
</div>
<div></div>
The deactivated listing content can be found in the Inactive listings section of your Shop Manager.

<b>By submitting this notice, the complaining party agreed to the following two statements and provided their signature:</b>

• I have a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law.
• The information provided in the notice is accurate, and I swear under penalty of perjury that I am authorized to make the complaint on behalf of the intellectual property owner.

Thank you,
Etsy Legal”

[Lauren]

This sounds like Etsy’s version of a VERO claim. You might be out of luck if the company is saying that they are the only ones allowed to sell online.

 

Sorry 🙁

[Curious Curator]

Thanks, Lauren. I don’t understand though, HUNDREDS of listings on both ebay and etsy are selling the very same fabrics I have. WHY ME? -clearly a hypothetical question.  But I really do not understand. There are also online e-tailers selling these same fabrics, so there’s that. I’m truly baffled.

[Curious Curator]

Update: I contacted the person making the “Vero” (not what it’s called on etsy). They replied and asked me to fwd the letter I received. They said that they would reinstate my listings. Whew. That was a close one. I was completely blind sighted by that original e-mail. So far, 2 of the 3 listings they removed have been put back up.
I will post an update to the update to see if in fact they did completely reinstate me.

[Curious Curator]

Oops, forgot to update. They did reinstate me.

[Antique Frog]

@daisy Epic Rights appears to be a part of the “branding arm” of Universal Music Group. Adrianna Sofia Caban works for Warner Brothers as a contract administrator. Check if I’m wrong, because I’m not sure, but Warner Bros is not part of UMG (or vice versa).

 

[Antique Frog]

Looks like other Etsy sellers have fallen afoul of the Epic Rights mob. It’s almost like an extension of “Broken Windows” policing- jump on anyone who dares to sell an item with a picture of an UMG artiste on it, no matter how trivial.

[Author]

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