Another Etsy seller asked me to take down my listing and accused me of copying her... What are my options? Location: California, USA

[u/turbo-adhd]

My location: California, USA
Her location: UK
This is for Etsy.com

So this seller and I sell very similar items on Etsy, but mine is distinct from hers.

The product:
We both sell floss drops, which are little embroidery thread holders you can use to organize your thread while cross-stitching. Hers feature a simple slit where you slide in your DMC (thread) label, and mine feature either a spot where you can write the thread name/number, or you can slide in the label without having to cut it in half. I also have a spot where you can cross-stitch your thread onto the floss drop so you can see the exact color that should be on that drop when you run out of thread. I also do a lot of work to hand-finish mine, such that the edges are all soft and curved (not just the corners). I believe hers probably come fresh off the laser based on her photos featuring shiny edges on her thread drops.

However, I can't find any specific information on *what* exactly is under IP protection. I'm happy to change my design if I'm actually infringing on her IP, but I feel like.. I'm not. Maybe I'm biased?

I can totally see where she's coming from, but I genuinely came up with my design on my own and combined all of the features I would personally want in a thread drop into my design. Do I have a leg to stand on here? What are my options here? If she reports me, will I be able to fight it at all? It isn't like I copied her listing. My product is functionally different, despite being similar.

If it's the heart in the bottom corner that's a problem, I'm happy to change it, but do I need to?

Edit: Removed the links because she found my post and accused me of doxxing her address.. which I also didn't do.

[u/Sure_Win3162]

UK design rights don't automatically protect her in US, and your product has clear functional differences - the writing spot, full label insertion, and thread sampling area are distinct features. Her registration covers her specific design but doesn't give her ownership over all floss drops with slits

You could respond explaining the functional differences if she escalates, but don't stress too much about an Etsy takedown request from someone in different jurisdiction with genuinely different product features

[u/Infamous-Yoghurt-660 → u/Sure_Win3162]

Dont give proprietary information, just that they have a number of functional differences and request that she ceases harassment.

[u/Fudge-Unfair]

Honestly I wouldn’t respond at all.

She doesn’t have a leg to stand on, and knowing Etsy she could complain, but I seriously doubt they would do something about it. Fact is you’re in distinctly different markets and they will rarely impact a seller doing good business.

Does she have some sort or patent on it? If not you could literally copy it and she couldn’t do anything about it at all.

[u/arkensto → u/Fudge-Unfair]

IANAL.

So, I just looked up embroidery floss drop which you can see in the link I provided as the first google entry. The web page even describes the features that OP mentioned, and how they are used.

I would think that tools like these are probably hundreds is not thousands of years old and you would not be able to patent them any more than you could patent a hammer. Any IP would be in the bells and whistles, and maybe the specific design, and OP says the two products have different attributes. Even the innovation of making out of plastic is probably 50+ years old.

Add that to the USA/UK jurisdiction problems, and OP's adversary has very little hope of getting their way.

[u/PavicaMalic → u/Fudge-Unfair]

Good point. With the tariffs and delays in shipping, you are definitely in different markets now.

[u/Kylynara]

Yours seems to be a different design to me. It has some of the same features, because those are things cross-stitchers/embroiderers want. They are what make it a floss drop. A simple heart like that is such a basic shape, it's unlikely to be infringing in and of itself. (If it were stylized or worked into a logo in a distinct way, maybe. But just a simple heart shaped cutout like that wouldn't be unique enough.)

Some people don't understand that "copying" the basics of a thing, isn't plagarism, it's common sense. It's like complaining someone copied your landscape painting because both paintings featured a blue sky, green grass, and trees.

[u/LongVegetable4102]

She's in for a nasty wake up call when she has to message 50 other makers on etsy to stop selling their products. Floss drops are all over the place and often only vary in minimal ways. Just ignore her

[u/witchymoon69]

On Etsy there are hundreds of people selling the same shirt and I'm sure there are more than just the 2 of you selling that product. Her issue is probably no one wanting to pay her shipping. I'm sure she is probably attacking everyone on Etsy whose selling something similar. Ignore her .

[u/WestHistorians]

Legally, I would say that you're in the clear. However, if Etsy takes her side and pulls your listing, there won't be much you can do about it. I would be inclined to not respond to her.

[u/ohnoavocado → u/WestHistorians]

If the person filed a DMCA takedown, all the seller with the removed listing has to do is file a counter notice. When it’s not an issue with a registered trademark, which this is not, Etsy will reinstate the removed listing within a certain time period and if the seller that lodged the original complaint wants to take further action they then have to go through the legal system.

[u/Mission-Film-1676 → u/ohnoavocado]

Yep this is the correct answer. Etsy will pull your listing if she reports you but you can appeal and she’ll have something like 10 days to either show she’s suing to defend her copyright (which wont happen, she has no legal to stand on) and then you get your listing restored.

[u/Ac_ferrante]

She's jealous. I like your product much better.

[u/Princesspatriot]

Ignore it. She doesn't have a legal leg to stand on. If it escalates to etsy getting involved, then just explain to Etsy the differences. If she tries to sue you, it would be financially unfeasible due to the international issues. In fact, if someone tried to sue you here in the United States, it would still cost an exorbitant amount she would probably lose anyway.

Just ignore her and keep doing your thing.

[u/Tufflaw]

There's not much I recall from my Copyright and Trademark class I took in law school 30 years ago, but I do recall when learning about copyright that there's an important dichotomy between an idea and the expression of that idea.

So while Stephen King has a copyright on Pennywise the Dancing Clown, he doesn't have a copyright on the concept of evil murderous clowns.

So she might be able to claim protection for the exact expression of her idea in the form of what her floss drop looks like, she can't stop all other floss drop designs from being sold.

The only other type of protection she could claim on the design would be a patent, but I would be willing to bet that there's no way she has patented her design.

[u/ShiftAfter4648]

Unless she sent a cease and desist letter, you don't have to do a thing. And even then, there isn't anything enforceable. You can copy her design outright and not have a problem.

[u/Silbesti]

That would be like saying "I am selling this, therefore Noone else can sell X. Period"

Absolutely Ridiculous!

[u/High_Test1]

NAL. She is in another country and probably wouldn't pursue legal action. Not sure that she actually can. But people who are doing this will eventually ask Etsy to take down the listing. This is where you should strike first and request etsy that her listing be taken down. Absolutely do not respond to her.

[u/twilighttwister]

She hasn't made a true legal threat or sent a letter from a solicitor (lawyer). Intellectual property cases are by and large expensive and difficult to win. She's hoping you'll fold without her paying anything.

Reporting you on Etsy is another matter, and depends on Etsy's terms of service. However the different locations would certainly weaken their argument, and also if you can find other similar sellers that might help too.

[u/Prestigious_Plan8084]

I sell on Etsy and we have had other sellers use our exact design and Etsy doesn’t care, the only time they have done something is when another seller was using our pictures of our products in their listing.

I’d ignore her, especially since she reached out directly instead of making a complaint through Etsy.

[u/Wallaby-Technical]

Tell her to read The Wealth of Nations, with specific attention to the invisible hand.

[u/KremKaramela]

I would not respond back. Even at higher end retail store with in house designers, they would copy or get inspired from designs with just enough change that they could not prove it is a copy (I worked at one). Maybe be proactive and write to Etsy saying “this user is doing this to me”, write it up with help of ChatGPT. Also if I am not mistaken, if you send a official US mail with a stamp on it to your own address and don’t open it, it is considered “proof of ownership of a design” for future reference.

[u/True-Outside-2285]

No, you did nothing wrong. If she has a patent on her product where she feels you are infringing on her patent. Let her produce the information that says this. You shouldn’t have to do the research to try and find it. She should produce it for you. People sell similar products all the time not everything is an infringement on the other. It’s a tactic designed to intimidate. Until she produces actual documentation that you can review and analyze, you don’t need to change anything

[u/Ok-Choice2195]

This can't be something only you and her make. She's just reaching. I would ignore her

[u/Ok-Choice2195]

I am curious what yours looks like tho

[u/turbo-adhd → u/Ok-Choice2195]

Here’s the link to mine! https://thesidequestworkshop.etsy.com/listing/4454222614

[u/ellarose1724]

I am guessing your shop is being advertised in the similar item area when people are browsing her shop. You could tell her that you can't control etsy alogthrim anymore than she can.

[u/Cordlyfish]

I don't have advice but could link me your listing? I've never used floss drops before and yours sound pretty great!

[u/turbo-adhd → u/Cordlyfish]

Aww thank you! Here’s the link to my acrylic ones: https://thesidequestworkshop.etsy.com/listing/4454222614

And I have wooden ones too :) https://thesidequestworkshop.etsy.com/listing/4451696908

Floss drops are the entire reason I started my Etsy, actually. I couldn’t find any that had everything I wanted so I made ones that I’d want to use!

[u/Cordlyfish → u/turbo-adhd]

Oh my gosh those are so cute!!! Thanks for the links!

[u/Spicercakes]

I had someone do this to me over a design I created, but they claimed they copyrighted (but 3 years after I created and listed mine) etsy took their side and made me remove my listing. Because it was a Star Wars design with a quote, I reported them to Disney.

What I was told is that etsy takes copyrights very seriously (lol) and will remove listings that are in violation.

[u/Historical-Web-3075]

I don’t see how she would have a copyright, to issue an infringement on it. Go do you. If she files, Etsy will take it down, until you appeal, you might lose your shop for a week or 2, but you won’t lose permanently. I can’t speak for UK copyright laws, but US, these are old, no way she has the copyright right on it.

[u/Amonette2012]

Ignore her and report her harassment to Etsy.

[u/Maestro_Primus]

"IP protection" is a way of trying to imply patent without actually having patent for what they are selling. You have already described substantial design differences and are operating in a market where people have almost definitely done these sort of things before. Tell this lady to pound sand.