Copyright IP Infringement Lawsuit Against Int'l Seller

[jiwonstr]

Jurisdiction

Hawaii

Hello Law Forum Community

I run an Etsy store selling digital designs. I have found another shop owner, who is from Turkey, and he uses my design in his products. He purchased it from me and then uses it for his own benefit. I have filed numerous DMCA against this person via Etsy and every time I do it, he counters which is only effective for two weeks and then he can re-upload the same product for selling. In his products, he uses images from other shop owners as well - basically, he steals from others to create a package of his to sell.

Because he's located in Turkey, not sure what my options are. I am looking into a lawsuit against this person for copyright violation but hearing that it is difficult to prove (I did not file for a trademark, but own the legal rights as I created it myself) and costly and time-consuming. The internet consensus is not to pursue it as it is not worth it.

Is there a way I can contact Etsy and notify them of his ill-behavior and wrongdoing? Etsy did say that numerous copyright violations could lead to permanent suspension of the account - I do not know how to initiate this. Perhaps I can contact other sellers that this person is stealing your work so file a DMCA against this person? Multiple DMCA filed by multiple people would raise attention, right?

Has anyone gone through a similar situation? It is frustrating - as I continue to file DMCA against him and only effective for a few weeks and he basically continues to run his shop with other people's works.

Thank you!

 

[army judge]

Because he's located in Turkey, not sure what my options are.

Very few options exist that you can exercise against a Turkish national in his native Turkey.

If circumstances permit, you could seek the assistance of the platform owner.

I doubt that the platform owner will do much, if anything, to compensate you.

It might be time for you to relocate your sales platform to an operator interested in running a safer platform for everyone.

Barring the aforementioned options, the best option available to you is one I often employ:

...

 

[adjusterjack]

I have found another shop owner, who is from Turkey, and he uses my design in his products. He purchased it from me and then uses it for his own benefit.

Purchase what?

Your design?

Your product?

Exactly how does he use it for his own benefit?

Seems to me if he purchased your design, he purchased a license to use if for his own purposes.

Do you have a written contract with him concerning whatever it was that he purchased?

Because he's located in Turkey, not sure what my options are. I am looking into a lawsuit against this person for copyright violation but hearing that it is difficult to prove

How much money is his infringement costing you vs how much money you are likely going to spend litigating in Turkey?

Do you actually sell anything to anybody in Turkey?

The way you "look into" a lawsuit is you pay an intellectual property attorney to properly advise you. If you aren't willing to pay an attorney for advice you're tilting at windmills and wasting your time on the internet.

(I did not file for a trademark,

Not clear if your "design" is a trademark or just something that has copyright protection.

The internet consensus is not to pursue it as it is not worth it.

Yep, that's likely to be the general consensus here. Lost revenue vs cost to litigate.

Is there a way I can contact Etsy and notify them of his ill-behavior and wrongdoing?

Tooke me all of a second to find this:

How to Report Intellectual Property Infringement – Etsy Help

Perhaps I can contact other sellers that this person is stealing your work so file a DMCA against this person? Multiple DMCA filed by multiple people would raise attention, right?

Sure.

 

[army judge]

Tooke me all of a second to find this:

How to Report Intellectual Property Infringement – Etsy Help

Same same, bossman.

...

 

[zddoodah]

Because he's located in Turkey, not sure what my options are.

They're the same as if the guy were in Hawaii - it'll just be more expensive. It'll also be difficult or impossible to enforce whatever judgment you might get because the guy's on the other side of the globe.

I am looking into a lawsuit against this person for copyright violation but hearing that it is difficult to prove (I did not file for a trademark, but own the legal rights as I created it myself) and costly and time-consuming.

Heard where that it's difficult to prove? The ease or difficulty with which any case can be proven depends on the relevant facts and circumstances unique to that case. Also, copyrights and trademarks are very different things.

Is there a way I can contact Etsy and notify them of his ill-behavior and wrongdoing?

I can't conceive that the answer could be anything other than yes.

Multiple DMCA filed by multiple people would raise attention, right?

One would assume.

Has anyone gone through a similar situation?

Sure. Tons of people deal with this sort of thing. The internet is a big place, and lots of small businesses use it as a business tool. However, they often lack the ability and resources to protect themselves and their intellectual property from people who use that same tool to steal, given that those people are protected by anonymity and the fact that the internet has no borders while the judicial system does.

Seems to me if he purchased your design, he purchased a license to use if for his own purposes.

So...if you buy a copy of Led Zeppelin's untitled fourth album, you think you now have a license to use Stairway to Heaven for whatever purposes you want?

 

[adjusterjack]

So...if you buy a copy of Led Zeppelin's untitled fourth album, you think you now have a license to use Stairway to Heaven for whatever purposes you want?

Emphatically, yes, depending on how I bought it, how much I paid for it, and what plans I had for it. And I certainly would want that use delineated in a written contract. Hence my question as to whether the OP had a contract with the buyer of the design.

 

[jiwonstr]

Emphatically, yes, depending on how I bought it, how much I paid for it, and what plans I had for it. And I certainly would want that use delineated in a written contract. Hence my question as to whether the OP had a contract with the buyer of the design.

He did not purchase a Commercial License from me. My commercial license only allows for physical products, he simply bought a digital image from my store - spun it around, and sell it in his shop, which violates IP infringement and DMCA. It is clear when you sign up for Etsy store that you must be aware of DMCA and copyright violations. His current stance is 'F**k it, I'm in Turkey, what are they going to do"

I do not own a Trademark but as the sole creator of the design, I have the copyright of the design by virtue. I could get it to copyright certified but it is not a must, but I may do it now.

 

[adjusterjack]

What do you expect to learn here?

You haven't provided any useful information and you haven't answered any of our questions.

 

[jiwonstr]

What do you expect to learn here?

You haven't provided any useful information and you haven't answered any of our questions.

I am reading all the replies. Thanks to those who provided comments. I feel like I'm hitting a wall with my good value coming out of it.

 

[zddoodah]

Emphatically, yes, depending on how I bought it, how much I paid for it, and what plans I had for it.

Neither the price you paid nor your plans for it have any relevance to whether you have any sort of license. "How you bought it" might be relevant. However, it's something one learns in the first week of copyright law class that ownership of a copy, without more, confers no rights of copyright.

He did not purchase a Commercial License from me. My commercial license only allows for physical products, he simply bought a digital image from my store - spun it around, and sell it in his shop, which violates IP infringement and DMCA.

As phrased, that's wrong. The lawful owner of a copy of a protected work may sell or otherwise transfer that copy as he/she sees fit, without violating copyright law.

His current stance is 'F**k it, I'm in Turkey, what are they going to do"

As I wrote in my prior response. Is he wrong? Are you going to spend the sort of money needed to sue in Turkey? Are you going to file a pointless lawsuit in the U.S.? This is a risk of doing business on the internet.

as the sole creator of the design, I have the copyright of the design by virtue. I could get it to copyright certified but it is not a must, but I may do it now.

I'm guessing the highlighted part is a reference to registration of your copyright. If you're going to sue for infringement, you MUST register your copyright.