Did You Receive a Subpoena From Etsy?

As a seller on Etsy, the income possibilities are unlimited. Essentially, you have a platform of customers who are interested in the products you are offering. Etsy is a digital boutique – a shop where independent sellers can offer custom, handmade, and vintage gifts. The purpose is to connect sellers with customers who want truly unique products.

If you have listed products for sale on Etsy, you may have neglected to comply with all legal requirements, including federal intellectual property laws. If you aren’t a lawyer this is understandable! Copyright laws can be complex. However, a copyright infringement lawsuit can disrupt your business and you can also face an expensive and stressful court proceeding.

When an Etsy seller is accused of copyright infringement, that seller will likely receive a subpoena from Etsy. If this happens to you, there are a few things you need to know about the subpoena and the legal process that may follow.

Why Did I Get a Subpoena?

This subpoena typically comes from Etsy’s legal team. It means that another law firm has filed a lawsuit regarding copyright infringement on Etsy. In turn, Etsy sends out subpoenas to sellers accused of copyright infringement. The allegations are that the products and/or product descriptions are infringing on the copyright of another party.

Suppose you are using a design or product that is similar to a trademarked design that belongs to another party. In that case, the intellectual property owner can report the copyright infringement to Etsy.

Not only is the purpose of the subpoena to notify you that the infringing products need to be removed from Etsy’s website, but the accusing party might also be seeking compensation for copyright infringement.

If there is a copyright infringement report, the seller receives an automated notification, and the listing is deactivated. Depending on the situation, a seller might lose their entire Etsy account. If the intellectual property owner decides to move forward with a lawsuit, it means that you will likely receive a subpoena.

What Are the Potential Consequences of an Etsy Copyright Infringement?

If a copyright holder chooses to move forward with a lawsuit, the Etsy seller could be facing damages and fines set by Federal law ranging from $200 to $150,000 per instance of copyright infringement. Additionally, the accused might need to pay for all attorney fees and court costs for the parties involved.

What to Do About an Etsy Copyright Infringement Letter or Subpoena

A copyright infringement case is a serious matter, and you shouldn’t ignore letters or subpoenas you may have received. The problem won’t disappear on its own; disregarding the situation could put you at risk of bigger legal challenges in the future. The best thing to do is hire an attorney with experience handling copyright infringement cases.

It might be possible to settle the case without going to court. This is the ideal solution because you can avoid the stress and expensive legal fees associated with defending yourself in a court case. Often, the settlement will involve removing the copyright-infringing listings from Etsy and paying a negotiated amount to the intellectual property owner for the sales that were made.

If the copyright infringement accusations are false, then your attorney can file a motion to ask for the lawsuit to be quashed. The goal is to prove that you aren’t guilty of the accusations and that the court should throw out the lawsuit. You’ll need an attorney to build such a legal defense.

The final option is to fight the lawsuit in court – although this approach is not preferred because of the time and money required to fight a lawsuit in the court system. 

Consult a Copyright Defense Attorney

If you have been accused of copyright infringement you need a strong legal defense. Don’t try to navigate this situation alone. If you have received an Etsy subpoena or letter regarding copyright infringement, your first step should be to call an experienced attorney for assistance. Rosenblum Law is just a phone call away. Call us at 888-235-9021 to book your free consultation so we can discuss the best solution for your circumstances.

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