首页 / 法律问答 / Temu 上的商家盗用了我在 Etsy 上的店铺,我现在该怎么办?

Temu 上的商家盗用了我在 Etsy 上的店铺,我现在该怎么办?

商业律师 5 回答
大概半年前,有个中国地址的顾客买光了我整个店铺的东西,那可是我花了三年时间在Etsy上创作的1200多件原创作品啊!当时我就觉得不对劲,赶紧联系买家,明确告知他们这些作品仅供个人使用,不包含任何商业授权。买家回复说知道了。 结果现在,我在Temu上看到我所有的作品,分散在大概25个名字都很可疑的店铺里。我提交了无数的版权投诉和下架通知,但他们第二天就会换个店铺重新上传。我感觉我所有的时间都用来举报也根本解决不了问题。看来想靠这个赚钱真是太天真了,维护权益比创作还累!他们就是吃准了你会累,所以这件事需要极大的耐心。 每天都在做无用功,这感觉太糟糕了。更过分的是,他们甚至直接盗用我们的店铺名称、标签、照片和模型!重复的商品信息也扰乱了谷歌的搜索结果和排名,有时候他们甚至排在前面!他们的售价比我们低十倍,简直离谱。 最让我难受的是,这些盗贼还在不断地回头购买,继续侵害我!感觉就像被反复抢劫一样。他们还在不断购买我的作品,但Etsy的法律部门说“没办法阻止或拉黑买家”。(即使取消订单,他们仍然可以下载...) 更可气的是,他们还恶意刷差评来报复我,Etsy还不肯删除!这导致我们店铺的曝光率下降,销量也下降了20%。我真的想知道到底是谁在背后搞鬼? 我花了大量的时间陷入这种无解的困境。他们恶意地利用规则,威胁和惩罚那些敢于反抗的创作者。他们欺负我们这些小创作者,觉得我们请不起律师。他们甚至会毫不犹豫地在宣誓后提交虚假的辩诉。这些Temu上的知识产权盗窃者太嚣张了,他们坚信自己会赢。 我认为Temu在纵容这些盗窃行为,他们拒绝提供提起诉讼所需的真实姓名和法律信息。Temu似乎完全保护了这些犯罪店铺老板的匿名性,这肯定是不合法的!Temu总是推卸责任,试图让你相信第三方不承担任何责任。我希望能通过联邦法院来验证这一点。而且,隐瞒真实身份也明显违反了DMCA法案,许多人都认为该法案适用于所有向美国客户销售的公司。我需要找到相关的案例研究,看看这到底是理论还是已经被证实了。 我还看到成千上万的其他设计师的作品也被盗了。我为那些默默承受着同样遭遇的人感到难过。这件事证实了Temu毫无诚信可言。看到我的作品还出现在这种垃圾平台上,我感到非常愤怒。因为自己也深受其害,我希望能告诉大家这件事。但这只是个开始,小企业还能对这个来自中国、规模庞大、不正规的克隆平台做什么呢? **如果有人知道哪个律师曾经成功起诉过Temu,请私信我详细信息。** **如果你或者你认识的人的知识产权也被Temu盗用,请私信我们详细信息。**
回答次数 (5)
J
Jackson2
# 5
I personally just cancel all orders from Chinese addresses or forwarding services, and people with obviously fake names and fake addresses, and I turn off instant download for best selling digital items. Not a silver bullet by any means but so far so good (knock on wood). I know it's only a matter of time though. Also, I watermark everything (I know, I know, a lot of people on this sub think watermarks are nothing, but it is absolutely possible to make watermarks that are truly unremovable if you know what you're doing, and mine are 100% NOT removable). If you're going to steal my shit, you're at least going to have to be inconvenienced by making your own mockups for everything.
凄美|倾城
# 4
Was it digital downloads?

This really really sucks. I'm not sure how much you can do that actually works. Have you tried asking in r/legaladvice? Maybe at least someone there has an idea. And if they tell you that you're sool I would still keep researching.

Could you go after Temu directly for enabling this? I wouldn't rely on just reddit advice when it comes to this volume, at least perhaps also get some paid internet lawyer advice (there's platforms for this and it can be pretty affordable).

Maybe you could also pool together with other people who had their designs stolen and they show up on Temu.

Have you looked at Temu TOS what they say about selling stolen artwork? If it's forbidden in their TOS you might at least have a starting point.
T
Timothy
# 3
My art is always popping up on temu too, it’s really infuriating. It’s so random, but my sister is a small YouTuber (like very small, subscribers in the 200 range), and she made a video one day pointing out all of the counterfeit stuff on temu and highlighted the fake Nintendo and Lego products and then went into the art theft and talked about my work. And it somehow shamed temu into removing all of my art and they emailed her and apologized, it was so bizarre.

Does it still pop up? Yes. I’m still fighting it. But I think at this point all we can do is try to shift public perception and awareness. I’m tired of the clickbait temu hauls, claiming it’s just like Amazon, etc….amazon is evil too but temu really is on a different level and if you research a bit you’ll read that they’re pressuring the factories to sell products so low that money is lost on each sale.
M
Melissa2
# 2
Temu has the same sellers as Alibaba and Aliexpress. I found the same sellers which are also manufactures that stole my photos and designs selling on Temu, Shein, Walmart, Amazon, DHGate and basically any site they could sell on. I stopped selling to Asia on Etsy and turned off all ads at night during business hours over there. I even asked Etsy if there was any way to block those countries from viewing my shop and they ignored my question. I would see them basically favorite hundreds of my items non stop, then go on to favorite thousands of items of other Etsy sellers in one evening. Next thing you know my photos and designs are being sold all over Etsy by other sellers buying their cheap knock offs from them.

I have found that going to online review sites and posting about the theft helps a little bit. I know for sure Temu watches the reviews and so does Shein and they will take down photos but will leave up the designs. They definitely need more pressure put on them. I'm getting so sick of it and feel like I work for free for them. I was wondering how they seem to always find the best sellers and I'm guessing Erank is probably one of the sites they creep on.
醉生梦°死
# 1
So. I'm sorry. My work has been stolen by Chinese and other shops (including several in the West).

That said, it was kind of an error to not trust your original instinct that it was a fishy order. They will only stop selling now when it stops making them profit. They will use scripts to make new websites and shops. Theft is their whole business model--and they've gotten good at it. Using your time to wack a mole their listings will waste your time and not achieve your goal of stopping them, unfortunately.

Your only option that leaves you in the end in a better position, really, is to make new items/products and accept that those 3 years worth of products will be undermined from a sales point of view. I know that's rough to hear, and may be depressing (def, talk to a counselor btw, this is definitely traumatic).

On a semi-positive note: your products being stolen is a mark that you're making quality stuff. This has happened for centuries to quality inventors and designers ♥️... And don't think of it as 3 years wasted, think of all the better designs you'll create now with all that practice! The Beatles became legends because of all the practice and trial by fire.

Oh, and also, if possible: add watermarks/witnessmarks to the photos and even into the files. Though, even that won't stop a thief who's dedicated. Fortunately, I suppose, as you up the difficulty to steal your future products, you'll make it less likely to reoccur and hopefully the IP playing field will improve over time.
北美法律通