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

Started by daniel_g_6 · Nov 2, 2023 · 2 replies
For informational purposes only. Trademark disputes involve federal law and platform policies. Consider consulting with an IP attorney.
DG
daniel_g_6 OP

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

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?

TA
throwaway_account_7_12

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.

TE
tacobell_esquire_14 Attorney

@help_im_lost_4 โ€” Nominative fair use applies when you use someone's trademark to refer to the trademark holder's product, not to describe your own. Using a band name in a listing title for SEO when selling 'inspired by' merchandise is a gray area. The New Kids on the Block test requires: (1) the product can't be readily identified without the mark, (2) you use only as much of the mark as necessary, and (3) you don't suggest endorsement. "Inspired by [Band]" is safer than using the band name alone. I'd recommend restructuring your listings to clearly state 'original art inspired by [genre/style]' rather than the specific band name. Also check whether the band name is federally registered โ€” TESS search on USPTO.gov. If it is, Etsy will likely side with the trademark holder regardless of fair use arguments.