A successful outcome for an Etsy seller accused of copyright infringement

Phillips & Bathke, P.C. recently assisted an Etsy seller whose competition went further than it should. Our client’s competitor accused our client of copyright infringement. The competitor submitted DMCA takedown notices to Etsy—delisting our client’s products.

After review of the case, we 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 LA Phillips