I sell hand-painted wooden earrings on Etsy. Last month a new shop popped up with almost identical designs, same shapes, same color combos, even similar listing photos. I've reported them twice but Etsy says it's not a clear violation. I have dated sketches and photos. What else can I do? I'm a one-person shop and this is my main income.
Design theft
Another Etsy seller is copying my designs. What can I do?
Ugh, this is the worst. Etsy is notoriously slow with takedowns. Did you file a DMCA? That's usually more effective than a general report.
You have dated sketches. Good. That's your paper trail. But unless you've registered copyrights (which is expensive for small stuff), it's a slog. You can send a cease and desist letter yourself. Doesn't cost much, sometimes scares people off.
Not to be that guy, but are they truly identical or just similar style? Hand-painted wooden earrings have a limited range of shapes. I've seen people accuse others of copying when it was just a common shape (like a moon or a leaf).
Happened to me with crochet patterns. I sent a DMCA to the platform, not Etsy (it was a different site), and they removed it. Maybe gry filing through Etsy's copyright form directly if you haven't.
Also take screenshots of everything before they change it. Wayback Machine is your friend. And if they're copying your listing photos exactly, that's a clearer violation.
@bluejay_bakes fair point, but OP said “same shapes, same color combos” that that sounds like more than coincidence. Pete, are they using your exact photos or just similar styling?
Even if you win a DMCA, some sellers just open a new shop. It's whack-a-mole. You might need to accept that and focus on building your brand so customers know you're the original. Not ideal, but realistic.
I wasn't trying to be dismissive. I just know the frustration of being accused when you didn't copy. But if it's clearly the exact same, then yeah, go full DMCA.
Have you tried contacting the seller directly? Sometimes a polite message works. Or they might not even realize they're copying (unlikely but possible). If they ignore you, then escalate.
Direct contact can backfire—they might block you or report you. I'd keep it formal through Etsy's system. Document everything.
This thread is giving me anxiety. I need to go check my own listings now.
Thanks for the input. I haven't filed a DMCA yet, just the regular report. I'll try that. And yes, they are using photos that look nearly identical to mine, same angles and background. I have screenshots from before they even launched. I'll look into a cease and desist too.
Good luck. Let us know how it goees. Also, if they are using your photos, that's copyright infringement right there—much easier to prove than design copying.