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Author Topic: How to take court order against infringer at Etsy?  (Read 685 times)

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« on: June 28, 2021, 06:45 »
0
Someone download my bestseller and resell it at Etsy. I report for infringement. Etsy took it down. Now the thief counter claim it. Etsy says they cannot take side. Etsy says "Unless you notify us of a court action seeking a court order against the allegedly infringing member, the member may reactivate or repost the material specified in the counter notice". I am determine to take a court order, but how can I do it?


ShadySue

  • There is a crack in everything
« Reply #1 on: June 28, 2021, 07:20 »
0
Someone download my bestseller and resell it at Etsy. I report for infringement. Etsy took it down. Now the thief counter claim it. Etsy says they cannot take side. Etsy says "Unless you notify us of a court action seeking a court order against the allegedly infringing member, the member may reactivate or repost the material specified in the counter notice". I am determine to take a court order, but how can I do it?
I hope you, the infringer and Etsy are all in the same country or it will be extremely expensive.
Good luck.

« Reply #2 on: June 28, 2021, 07:34 »
+2
Someone download my bestseller and resell it at Etsy. I report for infringement. Etsy took it down. Now the thief counter claim it. Etsy says they cannot take side. Etsy says "Unless you notify us of a court action seeking a court order against the allegedly infringing member, the member may reactivate or repost the material specified in the counter notice". I am determine to take a court order, but how can I do it?

Try Copytrack.com. I wrote them describing a similar case and they are willing to pursue it. Now I'm waiting for the infringing material to be reinstated, before engaging them.

« Reply #3 on: June 28, 2021, 07:49 »
0
Someone download my bestseller and resell it at Etsy. I report for infringement. Etsy took it down. Now the thief counter claim it. Etsy says they cannot take side. Etsy says "Unless you notify us of a court action seeking a court order against the allegedly infringing member, the member may reactivate or repost the material specified in the counter notice". I am determine to take a court order, but how can I do it?

Try Copytrack.com. I wrote them describing a similar case and they are willing to pursue it. Now I'm waiting for the infringing material to be reinstated, before engaging them.

Wow thanks. This will be a multi million dollar industry if CopyTrack is able to pull this off. There are tons of demands for our kind of case, while there is almost no services for this yet. Demand is way way way over the supply for what we need here, and I think I want to give a try too.

« Reply #4 on: June 28, 2021, 08:08 »
+2
It would be great if you can do this successfully.

In this instance I would normally just go through their portfolio and let other artists know if their work is there too. Enough complaints seems to get them taken down even if they keep counter claiming.

Also bear in mind that sometimes the details they give to Etsy are made up. I had one person counterclaim and their details were for a business they had nothing to do with. Totally illegal but when they are based in another country (and Etsy wont do anything about it) you are pretty much at a dead end.

Please keep us informed. If this works it would be very useful for everyone.
« Last Edit: June 28, 2021, 10:13 by Justanotherphotographer »

« Reply #5 on: June 28, 2021, 09:38 »
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etsy must provide your lawyer all information of infringing member they have if you are planning to sue him otherwise they are breaking the law

« Reply #6 on: June 28, 2021, 10:16 »
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etsy must provide your lawyer all information of infringing member they have if you are planning to sue him otherwise they are breaking the law
They did, they gave me the form with all their contact details as provided to Etsy. Those details were just for a business in London that had nothing to do with the portfolio.

Etsy didn't care when I told them. As far as they were concerned they had done what was legally required of them by giving me the details of the infringing party as sworn to in the DMCA counter claim affidavit.

EDIT to add, I also called the business and emailed to let them know what was going and that their details were being fraudulently used in this way, dont know if they chose to pursue it further
« Last Edit: June 28, 2021, 10:18 by Justanotherphotographer »

« Reply #7 on: June 28, 2021, 16:12 »
+2
From a recent CopyTrack email:

...
Now, you have to let us know if this is a copyright infringement or not. If it is, our hearts go out to you. It sucks to get your images stolen.

On the bright side, we are here to help you. Login to our app and identify if this hit is legal or illegal. If it is illegal, the sooner we can get started, the better it is for you.

Submit the claim and let us do the work. What happens next?

1. the opponent deletes the image (hurrah!)
2. we are able to sell him a post-license or collect compensation costs for accrued damages
3. we go to our partner law firms and proceed with a law suit should we be unsuccessful should we fail with 1. and 2.

So don't wait and help us protect your copyright now! Please act swiftly so we can protect your images in the best possible way!

Thank you for your trust in Copytrack.

Kind regards,

Marcus Schmitt
Founder & CEO

« Last Edit: June 28, 2021, 16:15 by Zero Talent »


 

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