Etsy suspended my shop for trademark infringement - competitor filed fake claim against generic phrase I use

I've been selling handmade jewelry on Etsy for 4 years. My shop was suspended yesterday for "trademark infringement" and I'm completely blindsided.

The claim is from a competitor who says I'm infringing their trademark for the phrase "Coastal Vibes." I use this in my product descriptions like "coastal vibes necklace" or "beach coastal vibes earrings."

I looked up their trademark - they filed it 6 months ago. I've been using "coastal vibes" in my listings for 3+ years before they ever filed. Plus, isn't "coastal vibes" just a generic descriptive phrase that anyone can use?

Etsy won't let me appeal unless I get a letter from a lawyer. My shop does about $6K/month and all my inventory is stuck. This is my primary income.

Is this trademark even valid? What are my options here?

This is happening more and more on Etsy. Competitors file trademarks for generic terms, then use Etsy's automated takedown system to eliminate competition.

Etsy's policy is guilty until proven innocent. They suspend first and ask questions later because they don't want liability under trademark law.

You need to fight this. Check the USPTO database - what class is their trademark in? What goods/services does it cover? If they only have a trademark for clothing and you're selling jewelry, you might have a defense.

IP attorney here. "Coastal Vibes" is likely descriptive and possibly not even trademarkable depending on the goods.

Key trademark principles:

• Descriptive marks describe a quality or characteristic of goods. They're only protectable if they've acquired "secondary meaning" (strong consumer association with one source)
• Generic terms can never be trademarked at all
• Merely ornamental use in descriptive phrases is generally allowed
• Prior use can establish common law trademark rights even without registration

First step: Search the USPTO TESS database for their registration number. Check the registration date, what class it's in, and whether it's actually registered or just an application.

Just checked USPTO. Their registration is in Class 014 (jewelry) filed May 2025, and it's marked as "registered" as of October 2025.

The description says "COASTAL VIBES" for "jewelry, namely necklaces, bracelets, earrings, rings."

So it's the same category as my products. But I have Etsy listings from 2022 using "coastal vibes" in the description. Does my earlier use matter even though I never filed for a trademark?

I'm dealing with something similar. A competitor trademarked "Ocean Dreams" and went after everyone using those words, even though it's totally generic for beach-themed jewelry.

The problem is Etsy doesn't care about the nuances of trademark law. Their policy says if someone has a registered trademark, they'll take down listings that use it unless you can prove you have rights.

Your options are basically: (1) hire an IP lawyer to write a response, (2) rebrand your products, or (3) file a cancellation petition with USPTO arguing the mark is invalid. Option 3 takes years though.

Your prior use absolutely matters. Under US trademark law, you can establish common law trademark rights through actual use in commerce, even without registration.

The fact that they registered doesn't automatically give them superior rights if you can prove:

1. You used "Coastal Vibes" in commerce before their first use date
2. Your use was continuous
3. Your use created a likelihood of confusion (same goods, same market)

However, here's the issue: "Coastal Vibes" is highly descriptive for beach-themed jewelry. The trademark office shouldn't have registered it without proof of acquired distinctiveness (secondary meaning). You could challenge the registration's validity.

For Etsy's purposes, you need a counter-notice. I'd draft something asserting: (1) your prior use rights, (2) your descriptive fair use defense, and (3) argue their mark is likely invalid as merely descriptive.

This is so helpful. I have screenshots of my Etsy listings from January 2022 showing "coastal vibes" in product titles and descriptions. I also have Instagram posts from that period using the phrase.

Question: How much does it typically cost to have an attorney draft a counter-notice for Etsy? I can't afford a huge legal battle but I also can't afford to lose my shop.

A counter-notice letter for Etsy typically runs $500-$1,500 depending on complexity. Given that you have clear prior use evidence, this should be straightforward.

The letter would argue:

• Descriptive fair use: You're using "coastal vibes" descriptively to describe the style/aesthetic of your jewelry, not as a brand identifier
• Prior common law rights: Your continuous use since 2022 predates their trademark application
• No likelihood of confusion: Your use is descriptive, not as a trademark

Many IP attorneys will do this as a flat-fee service. Gather all your evidence of prior use before contacting one to keep costs down.

I went through this exact situation last year with a different platform. Cost me $800 for a lawyer's letter and it worked - account was reinstated within a week.

One thing to watch out for: the competitor might file a lawsuit if you fight back. It's rare, but some people file BS lawsuits just to intimidate. If they do, you can potentially countersue for declaratory judgment that your use doesn't infringe.

Also document everything about their behavior. If you can prove they're using their trademark to harass competitors rather than protect legitimate trademark rights, that's relevant.

Update: I found an IP attorney who agreed to write the counter-notice for $750. Sent him all my evidence - screenshots of listings going back to 2022, Instagram posts, even some customer reviews mentioning "coastal vibes."

He also did some digging on their trademark application. Turns out they claimed "first use in commerce" as April 2025 in their application, but I found internet archive evidence that they didn't start their Etsy shop until June 2025. So they might have lied on their application.

My attorney says this could be grounds to petition for cancellation of the trademark, but that's expensive ($3K+). For now we're just focusing on getting my shop reinstated.

False statements in a trademark application are a big deal. That's fraud on the USPTO and is grounds for cancellation.

Save that evidence. Even if you get reinstated now, they might come after you again. Having proof they committed fraud on their application is your insurance policy.

If they do file a lawsuit, you can assert fraud/invalidity as a defense and potentially get their registration cancelled. Most trademark trolls back off when they realize you have evidence that could invalidate their mark.

Final update: Etsy reinstated my shop this morning! My attorney's counter-notice worked.

The letter cited my prior use rights (with dated evidence), descriptive fair use defense, and also mentioned the potential fraud on the USPTO. Etsy reviewed it and decided to restore my account.

I'm also filing a complaint with USPTO's Trademark Trial and Appeal Board to cancel their registration based on the fraud evidence. My attorney says even just filing the petition often makes trademark trolls back off.

Total cost: $750 for the counter-notice letter. Totally worth it to save my business. Thanks everyone for the guidance!

Congratulations on the reinstatement! And good call on filing the cancellation petition.

For others reading this: This is a textbook case of why you should document your use of any branding or phrases in commerce. Screenshots, dated posts, sales records - all of this becomes critical evidence if someone later tries to claim trademark rights.

Also, if you're building a real brand, consider filing for your own trademark registration. It's not cheap ($350+ filing fee plus attorney fees) but it's defensive protection against situations like this.