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!

Enrollment in Etsy Brand Portal

To enroll in Etsy’s Reporting Portal program, a registered trademark owner must follow these steps:

• Create an Etsy Account: If you don’t already have an Etsy account, you will need to create one. This will allow you to sell products on Etsy and enroll in the Reporting Portal program.
• Review Etsy’s Policies: Before enrolling in the Reporting Portal, it is important to review Etsy’s policies, including its Intellectual Property Policy and Seller Policy. This will ensure that you are familiar with Etsy’s requirements and can comply with them.
• Prepare the Required Information: To enroll in the Reporting Portal, you will need to provide information about your trademark and your products. This includes the trademark registration number, the name of the trademark owner, and information about the products that are covered by the trademark.
• Submit an Enrollment Request: To enroll in the Reporting Portal, you will need to submit an enrollment request through Etsy’s Reporting Portal. The enrollment request should include the required information and a description of your trademark and your products. Etsy’s states that you may register your brand in 5 easy steps.
• Wait for Verification: Once you have submitted your enrollment request, Etsy will review it and verify the information that you have provided. This process may take several days, so be patient.
• Enroll in the Reporting Portal: If your enrollment request is approved, you will receive an email from Etsy with instructions on how to enroll in the Reporting Portal. Once you have enrolled, you will be able to monitor and report potential infringing listings on Etsy.
• Report Infringing Listings: As a member of the Reporting Portal, you will have access to tools and resources that allow you to monitor and report potential infringing listings on Etsy. Use keywords related to your brand to search millions of listings, then browse, compile a list of all products that you suspect to be infringing. Once you’ve identified the listings that may be infringing, you can report it through the Reporting Portal.

Note: This is a general overview of the enrollment process for Etsy’s Reporting Portal program and may be subject to change. For more detailed information and the most up-to-date information, it is recommended to check Etsy’s Help Center or contact Etsy Support.

Should I Hire A Trademark Attorney?

Yes, it is highly recommended. Our experienced trademark attorneys can provide valuable guidance and support throughout the trademark registration process, from conducting a comprehensive trademark search to determine the availability of the trademark, to preparing and filing the trademark application, to responding to any objections or challenges that may arise during the review process, and can represent you in any legal disputes or trademark opposition proceedings.

Furthermore, our trademark attorneys can help you to navigate the complex and sometimes confusing legal requirements for trademark registration, and can help you to ensure that your application is complete and meets all of the necessary legal requirements. We can also help you to properly maintain your trademark registration, which is an ongoing process that requires ongoing renewals, monitoring and enforcement.

In short, engaging our trademark attorneys can help you to ensure that your trademark application is properly prepared, that it meets all of the legal requirements, and that you receive the full benefits of trademark protection. While it may cost more upfront to engage us, it can often save you time and money in the long run because we can help you avoid costly mistakes and ensuring that your trademark application is successful.

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