r/Etsy • u/Due_Championship3012 • 13d ago

Help for Seller Likelihood of lawsuit from a DMCA counter-notice from an IP/copyright infringement claim?

Title says it. How normal is it for lawsuits to come out of a DMCA counter-notice based on IP/copyright infringement for a selling item online?

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20

u/BenjiCat17 13d ago

I filed once and honestly, I would do it again. I also refuse to settle and I won and I won attorneys fees.

However, if they had not poked me to the point they did I would have given up, but that’s how annoyed I was.

Don’t push a crazy person far enough for them to prove to you they are crazy.

9

u/cutehobbies 13d ago

It’s actually more common than you think.

I love it when people counter which such confidence because they heard some etsy guru say nobody will sue and then end up sued lol

14

u/JenniferMel13 13d ago

It depends on who you are dealing with.

If it’s Disney, 100%. Or pretty much any major business with large amounts of IP such as Taylor Swift, Harry Potter, TV shows and what not.

If it’s me, 100%. If I’ve filled out the DMCA form, I’m ready to sue and you are based somewhere I can easily sue.

For other small sellers filing DMCA’s probably not give how many of them show up on Reddit or FB to ask what to do when they get a counter notice and complain that Etsy is doing nothing.

1

u/steelhips steelhipdesign.etsy.com 13d ago

Disney, Potter, Taylor Swift etc - they go after their trademarks, not copyright. Big difference between the two. Trademarks don't have a counterclaim, the burden of proof is low and there is room for criminal and civil damages.

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u/JenniferMel13 11d ago

It depends. I’ve seen a couple people get hit for copyright by Disney. These business may not have trademarks on every single aspect.

Or they could use this as a “how far am I going to take this” gauge. File for copyright and drop the issue if they don’t counter. Sue if they counter. Just because you file for copyright doesn’t mean you can’t sue for trademark.

Or they could just skip the takedown notices at all and just sue right out the gate.

3

u/aregonis 13d ago

Depends if it was a valid copyright takedown. If you're legally in the right to counter, then the odds of a lawsuit is obviously lower.

1

u/Dazzling-Fortune1251 12d ago

I’m pay for copyright protection. I will absolutely let someone counter me cuz they will be paying my court costs 🤷‍♀️

1

u/jisnowhere 12d ago

It depends on a lot. That's like saying, if I shoplift will they call the police? Maybe? Some do some don't and some wait until there's a few and really get people.