Trademarks For Etsy Reporting Portal

Etsy is one of the most popular online retail marketplaces for sellers of creative brands that produce handmade, vintage and craft products.  These products fall under a wide range of categories, including jewelry, bags, clothing, home decor and furniture, toys, as well as craft supplies and tools.  At the end of 2021, Etsy reported having over 120 million products in its online e-commerce marketplace and Etsy connected 7.5 million sellers with 96.3 million buyers. Etsy had total sales of 13.5 billion dollars on the online platform at the end of 2021. These statistics clearly show that Etsy can be a lucrative platform for brand owners to sell their products. However, like other online e-commerce marketplaces, such as Amazon, Walmart and eBay, trademark infringers, product counterfeiters, listing hijackers, and other dubious individuals committing bad acts is widespread.

Trademark infringement and product counterfeiting on online e-commerce platforms like Etsy has significantly increased over the last few decades and has become a serious problem for many online sellers, buyers and brand owners. For example, products will be offered and sold on the Etsy online marketplace by certain online sellers alleging to be affiliated with a certain brand or product manufacturer, but they are not. As we all know, it is unlawful to infringe upon the intellectual property of others, but bad actors on the Etsy online marketplace believe they can make a quick buck and getaway scot-free.

Like Amazon, Walmart and eBay, Etsy has developed an exclusive program designed to assist brand owners in the protecting their intellectual property on its online retail platform.  This program is called the Esty Reporting Portal.  The motivation of Esty to develop the Reporting Portal is because it takes allegations of intellectual property infringement, including trademarks, seriously.  If brand owners or their authorized agents (such as their trademark attorneys) consider something on the Esty online platform to be infringing, they may report infringement in accordance with Etsy’s policies to request its removal.  Etsy recently has developed automated systems through its Reporting Portal to protect the safety and security of the Etsy online marketplace.

Etsy provided the following statement: “throughout 2022, we’ll continue building on last year’s roughly $40 million investment in the teams and technology that help make our marketplace a safe and secure destination for handmade, vintage, and special items. This includes expanding our efforts to remove listings that don’t meet our policies and help you resolve issues with buyers.”

How Does Etsy Handle Claims of Trademark Infringement

Online retailers selling on Etsy should register their brands and products in the Reporting Portal.  The Etsy Reporting Portal is a program designed for brand owners to submit claims of alleged trademark, copyright, patent and other intellectual property infringement. Members of the Etsy Reporting Portal may register their brands and products in five easy steps.  Brand owners are then able to view all their intellectual property rights and reports in one place. Through the Reporting Portal, brand owners may review millions of listings, then browse, compile, and report any suspected infringing listing to Esty’s dedicated intellectual property team.  Once the brand owner files a report of infringement, Esty will immediate investigate the claims of infringement.  It is important that the brand owner hold valid intellectual property registrations, including active registered federal trademark registrations covering the rights of the owner’s brand and products.

Etsy’s intellectual property policies, which are based on case law, best practices, and the Digital Millennium Copyright Act (DMCA), require Etsy to remove specified content when it receives a legitimate, valid report of infringement.  If a brand or product listing is reported by a brand owner selling on the Etsy platform, the alleged bad actor will receive an automated infringement notice after the brand or product listing has been deactivated.  However, in order for a brand owner to submit a legitimate claim of trademark infringement, they must provide information of an active registered federal trademark issued by the United States Patent & Trademark Office (USPTO).  Additionally, the brand owner must provide a statement of good faith made under penalty of perjury that the information provided to Etsy in connection with the removal of counterfeit or infringing products (or closing of the bad actors Etsy store) is valid and accurate.  Again, Etsy takes allegations of trademark infringement seriously and material misrepresentations about the infringement may result in serious consequences.

The process for reporting trademark infringement on Etsy typically involves the following steps:

  • Log in to your Etsy account and navigate to the “Shop Manager” section;
  • Select the “Help & Education” tab and then click on “Reporting Infringement;
  • Click on the “Trademark Infringement” button and follow the prompts to provide information about the infringing listing, including the listing URL and the trademark registration information; and
  • Submit the report and Etsy will investigate the case.

As you will note in step 3 above, brand owners must provide certain registered trademark information issued by the USPTO.  If you are a brand owner interested in obtaining a federal trademark registration, our trademark attorney can assit!

Registering Trademarks for Etsy Reporting Portal

Please note that the above summary is our understanding of the Etsy Reporting Portal and you should visit the Etsy platform for further details and program changes. If you would like to become a member of the Etsy Reporting Portal, our trademark attorneys can assist with registering your brands trademarks with the USPTO.

Why Use A United States Trademark Attorney?

On the surface, trademark search and clearance, trademark registrations, trademark enforcement, and trademark maintenance requirements may seem fairly straightforward but more often than not it is complex, time consuming, and riddled with areas to potentially make significant, costly mistakes. We can help. Our trademark attorneys provide legal advice through every stage of the trademark registration process with the USPTO, and can handle your trademark matters on an ongoing basis thereafter enforce.

If you are a business owner seeking to register a federal trademark, or you are an online seller launching a store on Amazon, Walmart, eBay, Etsy or other online e-commerce platform, our trademark attorneys can assist. Please give us a call or contact us online by completing our contact form  Our trademark attorneys will respond to all inquiries within 1 business day.