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Mon Jan 11 2016 22:31:28

Can You Get Booted from Etsy for Loving New York?

By: Reader

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Dear Ina,
I was kicked of Etsy a couple of years ago for copy right infringement. Items were Dog t-shirt with the words Harley Dog. Harley closed my ad because I used the word Harley. If you named your child Harley, that would be illegal. 

Now I made a Marine t-shirt and that was pulled by the Marine Corps because you have to be licensed by the Marine Corps.

I made a shirt with I love N.Y. with my own design. I was told that you could not use those words and that was pulled.

Etsy was the best site ever in 20 years of selling online. I was told that I can never get back on Etsy, and that seems unfair.
Al




Comments (13) | Permalink

Readers Comments

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

by: RLS This user has validated their user name.

Tue Jan 12 10:10:50 2016

Not sure what time frame the violations took place but it appears that you have had 3 copyright violations.Not sure any selling venue would allow this to continue. I know that Ebay has a vero department to address such matters. I have made a similar mistake in the past with a dress that had the word Navajo pattern in it and it was taken down. Oddly enough the listing had been up for a over a year before being removed. Now if their is anything borderline I call and have the product reviewed  

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

by: unknown This user has validated their user name.

Tue Jan 12 10:27:12 2016

Didn't you learn anything about trademarks after your first two episodes? I love NY has been trademarked since 1988.

USPTO - United States Patent & Trademark Office. Their search enging which is available online and free

http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4807:6vl3
mw.1.1

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

This user has validated their user name. by: iheartjacksparrow

Tue Jan 12 12:23:22 2016

There are so many copyright violations on Etsy that they aren't addressing. Here's an easy lookup:

amigurumi pattern BB8

I guarantee you that not one of these sellers has a license from Disney to sell patterns to make one of their copyrighted characters. The crochet pattern category is filled with this type of violation.  

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

This user has validated their user name. by: RKTOYS

Tue Jan 12 13:03:00 2016

You're only allowed to violate copyright/trademark if you're Chinese or incorporated.

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

by: unknown This user has validated their user name.

Tue Jan 12 13:26:16 2016

@iheartjacksparrow, so I looked, and found this at the bottom of one of those patterns:

You may not copy, resell, or redistribute this pattern.
You may sell finished items made with this pattern if all listings or wherever the item is being sold includes:
Made with a pattern created by (redacted).

So it's ok to rip off disney but not ok to rip off her?

But it IS up to disney to protect their trademarks, not etsy. They're only responsible to remove items when notified by trademark owners.  

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

This user has validated their user name. by: Rexford

Tue Jan 12 20:27:21 2016

So if you have a "The Town of Harley, Ontario" t-shirt you can't list it?  I get trademarks, but how do they get away with trademarks on common terms or proper names?  Why aren't Apple Records and Apple Computer and Delta Airlines and Delta Faucet not going after each other in court?

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

This user has validated their user name. by: iheartjacksparrow

Tue Jan 12 21:59:32 2016

@Rexford - Apple Records and Apple Computer had court battles for over 20 years regarding trademarks.  

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

by: unknown This user has validated their user name.

Tue Jan 12 23:28:10 2016

@Rexford, 'I love Harley, Ontario' is not listed in the US trademark database so looks like it's prolly kosher to make/sell in the US as long as the 'harley' is not a motorcycle related graphic.

The harley dog t-shirt mentioned earlier prolly referenced a dog on a harley motorcycle and without harley davidson's license, you can't do that.

The word apple is in 3750 TM records (live/dead) but Apple Inc has 1002 TM records (live/dead). There have been lots of trademarks with 'apple' in them that are not related to Apple computers. Use of common words like that are usually restricted to having at least a graphic component - like the bitten in apple graphic logo they have and covers specific items/classes of items.

You can have somelogo for mens shoes but not for womens or children's shoes - or you can apply for all shoes but it is restricted to what you have applied the TM. TM law can be complicated.  

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

by: Watching the Wheels This user has validated their user name.

Wed Jan 13 01:36:24 2016

To the OP, why didn't you just come up with truly original designs? Companies can file if there is enough in a design, where a given seller is still hoping to capitalize on an already known "house hold name".

You did this to yourself.

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

by: Moonwishes This user has validated their user name.
Web Site

Wed Jan 13 08:52:46 2016

Interesting. I have a father and brother with the middle name of Harley.

This reminds me of the flap a few years back where some nut thought THEY had come up with the word 'Mod' and was trying to take down anything with the word Mod in it. Mod has been used for years, probably before the so called owner was even born in such things as The Mod Squad, fashion magazines as well as decorating magazines, as everything back in the day was called Mod, short for modern. And then someone comes along and says it is their word and you can't use it. Dumb.

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

by: Bidonmine This user has validated their user name.

Wed Jan 13 09:48:16 2016

Purchase licensed material and make the items from that licensed material and you would not have a problem.

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

by: cillianred This user has validated their user name.

Wed Jan 13 11:06:20 2016

@Bidonmine

Just purchasing licensed material is not enough in many cases.  For example, you can legally purchase licensed Disney material and make an item from that material, BUT you cannot sell the item unless you have a licensing agreement with Disney that specifically states you can sell what you make with their products.

Can You Get Booted from Etsy for Loving New York?   Can You Get Booted from Etsy for Loving New York?

This user has validated their user name. by: iheartjacksparrow

Wed Jan 13 13:03:14 2016

@cillianred - You need to go read up on Tabberone on the eBay Vero and Copyright Forum under the Forum tab on this site. Disney has been successfully sued for their take-down of listings for the very thing you mention.



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