A Successful Outcome for an Etsy Seller Accused of Copyright Infringement

I recently assisted an Etsy seller whose competition went further than it should. My client’s competitor accused my client of copyright infringement. The competitor submitted DMCA takedown notices to Etsy—delisting my client’s products.

After review of the case, I determined an efficient, but aggressive approach would likely be successful. After discovery closed, but before dispositive motions or summary judgment, the competitor agreed to settle for tens of thousands of dollars, among other terms.

This case provides a great example of why individuals and businesses should not attack others with spurious DMCA takedowns. Platforms make submitting such complaints easy. But the Copyright Act, 17 U.S.C. 512(f) provides stiff penalties for those who act recklessly or purposefully. The case also shows that those attacked can recover substantially from those attacks.

Jonathan L.A. Phillips, contact him at jphillips@bhslaw.com or 309 643 6518