Etsy suspended my shop for "trademark infringement" but the claim is completely bogus - $4k in orders pending

I'm panicking right now. My Etsy shop got suspended yesterday for alleged trademark infringement. I make handmade jewelry - completely original designs that I create myself.

The takedown notice says I'm infringing on someone's trademark for "minimalist geometric earrings." I looked up their trademark and it's literally just a description of a style, not a specific design. Their trademark is for "GEOMETRIC LUXE" and I never used those words anywhere.

I have $4,000 in pending orders that I can't fulfill, and Etsy is holding all my funds. I've been selling on Etsy for 3 years with zero issues. This feels like a competitor trying to shut me down.

How do I fight this? Etsy's appeal process seems designed to favor the trademark holder. Do I need a lawyer?

This is unfortunately super common on Etsy. Competitors abuse the trademark system to take down shops.

File a counter-notice immediately through Etsy's system. You need to be firm and provide evidence that you're not infringing. Include photos of your original designs, timestamps showing when you created them, anything that proves your work is original.

But be careful - filing a false counter-notice can expose you to legal liability if they sue. Make sure you're actually in the right.

IP attorney here. Let's break down what's actually happening and your options.

Understanding trademark infringement claims:

• A trademark protects brand names, logos, and slogans - not entire product categories or design styles
• "Minimalist geometric earrings" is likely too generic/descriptive to be a valid trademark on its own
• Even if their trademark "GEOMETRIC LUXE" is valid, you would only infringe if you used confusingly similar branding that could mislead consumers

First step - verify the claim:

1. Search the USPTO database (uspto.gov/trademarks) for their trademark
2. Check: Is it registered? For what goods/services? What's the actual mark?
3. Compare their trademark registration to what you're actually doing

If you never used their brand name or anything confusingly similar, this is likely a bogus claim.

I just checked USPTO. Their trademark "GEOMETRIC LUXE" is registered for jewelry, but it's just the brand name. I don't use that name anywhere. My shop is called "Aria Handmade Jewelry" and my listings say things like "modern gold earrings" and "minimalist stud collection."

Looking at their Etsy shop, they sell very similar style jewelry. This really does seem like they're just trying to eliminate competition by claiming I'm infringing when I'm not.

How detailed does my counter-notice need to be? And what are the risks if I file it?

Based on what you've described, this sounds like trademark bullying - using IP claims to suppress legitimate competition.

For the counter-notice, include:

• Statement that you have a good faith belief the claim is erroneous
• Explanation that you use your own brand "Aria Handmade Jewelry," not their "GEOMETRIC LUXE" mark
• Evidence: screenshots of your listings showing your branding, not theirs
• Citation that style/design descriptors (like "minimalist" or "geometric") are not protectable
• Photos of your original designs with creation dates if possible

The risks of filing a counter-notice:

• If you file, Etsy will likely forward it to the claimant
• They then have 10 business days to file a lawsuit against you, or Etsy will restore your shop
• If they sue, you'll need to defend yourself (costly, but you can countersue for malicious prosecution)
• If you file a false counter-notice knowing you're infringing, you could be liable for damages

In your case, the risk seems low. They would have to prove in court that your use of generic descriptive terms creates consumer confusion with their brand. That's a very weak case.

Trademark paralegal here. What they're doing is called "trademark trolling" and it's rampant on Etsy, Amazon, and other platforms.

The problem is that platforms like Etsy are terrified of liability under the DMCA and Lanham Act, so they take down first and ask questions later. The burden then falls on you to fight back.

Key point: trademark rights are LIMITED to the specific mark (the brand name/logo), not the entire product category. You have every right to sell geometric earrings and describe them as such.

Their trademark gives them the exclusive right to use "GEOMETRIC LUXE" as a brand name for jewelry. It does NOT give them the right to prevent anyone else from selling or describing geometric jewelry.

I went through this exact thing last year with my pottery shop. A competitor claimed I was infringing on their trademark because I used the word "modern" in my listings and they had "Modern Clay Co" trademarked.

I filed a counter-notice explaining that "modern" is a common descriptive term and I wasn't using their brand name. They never sued, and Etsy reinstated my shop after 10 days.

The waiting period was agonizing, but the competitor clearly knew they didn't have a real case. If they had sued, my attorney said we could have gone after them for abuse of process.

Okay, I'm going to file the counter-notice. I'm confident I'm not infringing - I've never used their brand name and I have the right to describe my jewelry with common terms.

What about my $4k in held funds? Will Etsy release those if my shop gets reinstated? I have bills to pay and materials to order.

Also, should I reach out to the claimant directly or just go through Etsy's process?

On the held funds: Etsy's policy is typically to hold funds for 45-90 days after a suspension, but if your shop is reinstated via counter-notice, they should release them sooner. Check your Etsy Payment Account for the specific hold period. You may need to contact Etsy support to expedite release after reinstatement.

On contacting the claimant: I generally advise AGAINST direct contact. Here's why:

• Anything you say can be used against you if they sue
• They might try to intimidate you into staying down
• It won't speed up the process - the formal counter-notice is what matters

Let the process work. File your counter-notice through Etsy, and let them forward it to the claimant. Then it's on the claimant to either sue or back down.

Pro tip: After this is resolved, consider filing a complaint with Etsy against the claimant for abuse of the IP reporting system. Etsy claims to penalize false reports, though enforcement is inconsistent.

Update: I filed the counter-notice 4 days ago. Etsy confirmed they forwarded it to the claimant. Now I'm in the 10-day waiting period.

This is so stressful. My summer sales season is being killed by this. I've had to email all my customers about delays.

Crossing fingers that they don't actually sue. I really don't think they have a case, but the uncertainty is brutal.

FINAL UPDATE: My shop was reinstated today! The 10 business days passed and they never filed a lawsuit. Etsy restored my listings and released most of my held funds (there's still a rolling reserve but at least I can access recent payments).

I also filed a report with Etsy about the abuse of the IP system. Not sure if anything will come of it, but I documented everything.

Lesson learned: Don't let trademark bullies scare you if you know you're in the right. Thanks everyone for the advice and support!

Update from the future: Etsy has gotten even worse about this. I just had my print shop taken down for using the word "boho" in my listings. Someone trademarked "Boho Prints Co" and is claiming that anyone using "boho" as a descriptor is infringing.

I filed a counter-notice using the template from this thread. Etsy's IP team is completely overwhelmed and it took 3 weeks just to get confirmation they received my counter-notice.

The trademark trolling problem on Etsy has gotten out of control. There are companies that literally trademark common descriptive words just to harass competitors. Etsy needs to do a better job screening these claims before auto-suspending shops.