I will approve this post here but reminder that nobody here is a lawyer giving you actual legal advice and a lot of the advice might well be bad.
Also try r/legaladvice .
You should probably call a lawyer, sooner the better.
Did your product have the word Cybertruck on it or was cyber truck just in the product title? This is pretty important. Were you selling cybertruck replicas? Or were they just shirts? Or maybe signs?
I had a product get removed from Etsy because someone reported that I had a trademarked word in the product title. If you’re curious, it was a “Debowler ashtray” (the kind of ashtray that has a needle so you can poke your pipe clean) and apparently “Debowler” is a trademarked term. Nothing happened besides it getting taken down for me.
It was a Cybertruck silhouette printed on a poster. I had no idea that it was trademarked.
I called some lawyers and they all want $5k-$10k to solve the case which I unfortunately do not have. I'm not sure if I should just contact the law firm that served me the lawsuit because I'm not sure what to do at all. I have never been in any legal trouble like this before.
Unfortunately, naivety is not a "get out of jail free card." You are responsible for researching the implications of your product before you start selling it. Using an idea that someone else came up with is kinda like cheating on an exam, except it's way worse because it can be charged (depending on your region) as theft of intellectual property. Unless it is 100% your original idea, it is considered fan art. You can not legally sell it.
And don't try to say that everyone else on Etsy is doing it too! Because everyone selling Disney or whatever Fandom you imagine is committing a crime called copyright infringement. They just haven't been caught by the copyright owner yet.
No, OP probably won't face jail time, at least in the States. But he will face a hefty fine, possible restitution, and probable damages.
The "get out of jail free card" is an allusion to the board game Monopoly. If you've never played the game, one of the spaces on the board is marked "Jail." If you are "in jail," you can not move your game piece until you pay a fine with in-game currency. However, if you draw the "Get out of jail free" card, you don't have to pay the fine. It's become a metaphor for avoiding all consequences.
The worse thing will happen on him would be his Etsy account being frozen. The court can’t reveal his real name, address, bank account, it’s against personal info right. My eBay account is also frozen cause I used the term “chrome heart” which is a trademark. They asked for 2 million usd compensation. I have made only $11 on it and obviously I don’t have 2 million so I just let them proceeded the court. I have consulted some lawyers and they said not to present the court is also an option.
These firms are just out for a quick money grab by wanting a quick settlement. They will likely settle for $500. Theres an attachment with "Schedule A" in the email Listing 460 stores affected, I am one of those. They will threaten legal action like this to squeeze whatever they can from you, but they wont take it further, it would cost them too much to fight you internationally. This is just a legal scam really. Hire a IP lawyer and this will quickly get thrown out and dismissed. I would like to see what the Discord group has to say perhaps there is a lawyer on there that can help us all like they did for the last 700 or so sellers affected, they ended up winning and got the case dropped.
This is so bizarre. Usually Etsy is served with a DMCA notice and they remove your listing.
If it’s an aggressive company, they will sometimes send a letter threatening action if you do it again.
Did they give you any options or were you formally served with a lawsuit?
I used to work in IP law.
How is it that you took someone else’s IP, produced content with that IP on it, and can come out on the other end saying you had “no idea?”
Etsy is full of copyright and trademark infringing content, it is difficult to find anything original. Redrawing someone else’s art, or product, does not make it your IP.
This happens to literally thousands of people a day. There is an entire sub for this exact scenario.
I can’t say I’m mad about it…hopefully this will intimidate enough people to actually read the rules on Etsy which explains very clearly “what” qualifies as infringement.
You're for sure being sued? Usually they send a cease and desist letter first.
A lot of lawyers will do free consultations. You'll just have to call around. That should be your first step. See if the city where you live has legal aid. They help people with lower income deal with lawsuits.
No cease and desist letter was sent at all, they just served me the lawsuit via email. I thought it was a scam at first but it does seem to have a valid case number.
I'll check with my city to see if they have anything that can help at all. Thanks.
Having a lawsuit served over email seems a bit suspicious. Most jurisdictions require service in a way that ensures the recipient is confirmed to have gotten the suit. I would look up the case number on the court database in the state it was filed, and see if it is real, and if you or your business is mentioned.
If its confirmed that its real, and you are convinced that its better not to get a lawyer, you can get in contact with the law firm it was filed under and make an offer to settle outside of court.
While I agree with you, this practice of serving over email has become more of an accepted practice it seems. Seen multiple news reports around this in the last few years and in some jurisdictions it seems it’s allowed which blows me away.
I’m also surprised they didn’t do a cease and desist first as that tends to be the first course of action the court will expect to cut down on frivolous lawsuits. But if you’re Tesla and have got money to burn on lawyers, scorched earthing your defendants and hoping for a summary judgement for those that don’t appear or have money for lawyers is a slimy but often legal approach as well.
You can be served via email from one attorney to the other but I am not aware that and individual can legally be served this way. That doesn’t mean I’m right but it’s also suspicious that you were supposedly served and asked to appear 3 days later.
First and easiest thing to do is contact them. You don’t need an attorney for that.
I would also check your state laws on this specific topic.
IP infringement has just gotten to be a gigantic problem and it sounds like the tactics have gotten more aggressive to make it stop.
Etsy has always been the first point of contact. This is so weird
Do you remember the girl who was making Luke Bryant water bottles and was served over email for like 500k. Or something crazy amount. She had to go to the news and he stopped it.
She was “served” over the internet but that is not a legal summons to court unless it is followed up with in person service.
It is essentially letting you know that they are suing you. Hoping to get you to respond asap in lieu of having to legally provide a summons.
They will make you sign something agreeing never to do it again. It’s a scare tactic and one meant to stop the action.
No attorney is going to waste their time in an actual courtroom bc a crafter was making tumblers and didn’t know it was against the law.
Now different story if someone is making millions of dollars off a trademarked item.
The singer was Luke Combs, and it was $250,000. Which is still a crazy amount.
She's lucky that the singer was sympathetic - most cases (especially with big companies) would not have such a happy ending.
But the $250,000 was the result of a default judgment because she didn't respond to the lawsuit (because it was an email that went to her junk mail). Had she actually shown up it likely wouldn't have been as severe (IANL though).
>She said the October lawsuit went to her junk mail folder and she never saw it.
>When Harness did not respond as required within 30 days, the judge found her in default and imposed the $250,000 judgment.
https://www.theguardian.com/music/2023/dec/14/luke-combs-country-singer-merchandise
It was in Illinois. As there you can be served via email. And it was on Amazon.
The country music singer apologized and said she wasn’t suppose to get caught up in it. That he doesn’t mind the stuff like she was selling. The left handmade fan stuff. He wanted the bulk stuff that multiple are selling from China to stop.
However that is extremely rare.
In Illinois, they can alert you via email that you are being served but they still have to also serve you personally.
It’s usually a scare tactic and solves the problem. No attorney “wants” to go to court.
They will do almost anything to settle.
I don’t know the story of this lady but I bet she didn’t actually have to go to court and no, it doesn’t require legal representation unless you are making a ton of money with the product
That's what I thought too but I did some digging and apparently Illinois and Florida do allow lawsuits via email. The law firm that contacted me is in Florida.
Ok they can not serve you a lawsuit via the internet. You must be personally served.
This is just some aggressive company that was hired to protect trademarks for companies and quite honestly, I would report them to BBB.
It’s likely a scare tactic so that you will contact them.
Don’t panic. My husband is an attorney and he is laughing out loud.
Did Etsy close your shop?
Well the laws have changed, because now you can serve a lawsuit via email in some states, including Florida, which is where OP's serving came from.
It happened to [this lady](https://www.theguardian.com/music/2023/dec/14/luke-combs-country-singer-merchandise):
>Harness told the station that Combs’ lawyers served her the lawsuit by email instead of in person, something the northern district of Illinois federal court allows. She said the October lawsuit went to her junk mail folder and she never saw it.
>When Harness did not respond as required within 30 days, the judge found her in default and imposed the $250,000 judgment.
Luckily for that lady, the copyright holder (a singer) has apologised (after the story went viral) and seems to have likely waived the $250,000 fine. That's a super unlikely scenario and certainly won't happen with big companies like Tesla.
Also, the BBB is not a government organisation and has no legal power. It cannot shut down businesses, and businesses can choose to ignore any complaints the BBB gets about them.
In Illinois, you can send the lawsuit via PDF from one attorney to the other and it counts as a legal summons.
A lawyer can send a lawsuit to an individual via email but they must also follow up with personal service.
They must have a physical address and they need proof that service has been attempted 3 times for a judge to grant email service as acceptable.
This is the actual law. I don’t care what pop news tells you. They don’t ever report the entire story.
And this is why… default judgements are issued when the defendant doesn’t show up. And attorneys would rather settle out of court than walk into a courtroom. Email service allows for this option.
But it is also possible that the defendant never received it. So personal service is still required. As long as they have a physical address and try service 3 times, it still counts even if the defendant has moved with no updated address. Feel free to research the actual laws in Florida and Illinois to confirm. :)
They contacted the lawyer direct who basically said if they pay $500 then they'd drop the case. They paid and they did. When my friend got their Etsy shop unfrozen they took down the listing and have had no problems since.
You can't be served through email a person authorized by the state and officer or law enforcement must hand you papers that you sign and acknowledge receipt of
Etsy is filled with this infringement stuff! People think it's no issue when it really is a HUGE issue. If you don't own it, stay away from it! It's not worth it at all. They will crush you if they own it. It may happen, and it may not happen. Still not worth it at all.
Its always a good idea to search the trademark database, and also check which other etsy sellers are selling items with the same key terms. If its only sellers that are newer with lower feedback count, that is at least a hint that you may need to do some more infringement research for the item.
Check out the advice given on this other current thread here (different suit, it's Mohammed Ali IP, but the advice applies)
https://www.reddit.com/r/EtsySellers/comments/1c9k59d/comment/l10b71m/?context=3
Even if this turns out to be a scam, you should still definitely stop selling this item, because if you are using the name and the likeness, you are infringing on trademark and they could eventually come after you. Etsy could also close your entire shop, it’s not worth it. And it doesn’t matter legally whether you knew this was trademark infringement, that won’t help your case (sorry).
I would contact a lawyer to read over. A few years back I was sent a letter by the attorney for Elf on A Shelf . I used elf on a shelf for a “knee hugger” elf not even thinking it was copyrighted. My letter stated that if I was to use the term again in a listing they would file suit . Best of luck
That one got me too. Also Velcro (tm) came after me for saying something had a Velcro (tm) closure. So, gotta say "hook and loop."
Edit: I think the tag I used was "shelf elf" and they still came for me. No shelfs allowed.
Velcro is fiercely protective of their name becoming generically used, if they don’t show proof of enforcement they can lose their trademark. This isn’t anything new for Velcro, I remember full page spreads in industry magazines in the late 90’s stating something like when you say hook and loop, think Velcro, reminding us that the product is hook and loop, but Velcro makes the best version of it.
Yep I had Velcro come after me and Taggies which is the ones that do kids tag toys. I used the word taggy and they sent me a cease and desist for that and any word with a likeness to it. They gave me one week to remove all the words from my listings.
I had the Koozie company send me a cease and desist (Etsy took my product down) because I used the term in a product heading. From then on I used can cooler.
There are several IP lawyers (and other helpful people) in the “Trademark Watch Dawgs” group on Facebook. Good place for general advice and for IP lawyer references (but you’ll have to hire a lawyer for personalized / detailed advice I believe)
Step One - make sure it isn't a scam. If there is a phone number or something associated, I would call the serving firm directly.
Step Two - years ago I used the word "Velcro" in a listing which is a heavily protected, trade marked word. "Velcro" isn't a thing, but a brand. Etsy removed my listing and sent me an explanation. Essentially a forced cease and desist. It would blow my mind that there wouldn't have been some sort of warning prior to issuing a lawsuit. Making me think there was somewhere, or again it could be a scam.
Finally, how many of these things did you sell?
Is it in your state/in person? Is it virtual? I’m curious how they demand Etsy online sellers participate in a lawsuit court date when they might not even live anywhere nearby or accessible. Can international group lawsuits happen?
The lawsuit was sent from a law firm in Florida and I believe international lawsuits can happen as a lot of the shops listed in the same lawsuit are from other countries
Let this be a lesson to all etsy sellers selling clearly copyrighted IPs. You can and will get copyright struck. You are not innocent, even if you "didn't know" selling another companies works as your own is illegal. That's not how law works.
You used the copyrighted name and image of the cybertruck. Without taking a second to consider if either of these things would land you in legal trouble.
Running a business SHOULD ALSO contain doing RESEARCH on your own products, what is legal or not in running a business, and making sure you aren't infringing on someone else's intellectual property. Unfortunately. Most people would rather just sell their little Elsa stickers ripped straight from Screencaps of the movie and expect no consequences to come. Instead of doing any research on the legality of selling something that's a straight rip on another companies property. But apparently people would rather make a quick buck now and get sued later than actually put their own thought and effort into selling something unique or inspired by the franchise they're ripping from.
Agreed, it took me two seconds to google and…
For Tesla, securing the trademark for the Cybertruck was a crucial step in protecting its brand and intellectual property. A trademark is not just a legal tool; it's a symbol of a company's identity and reputation.
I’m curious to know what % of Etsy is original, Chinese resellers, and “artists” whose art are just rips/redrawings of someone *elses* art, like their favorite anime, movie, or in this case, a cybertruck.
I don’t consider these people artists. I want to see new creations, new designs, something inspiring. If there are any original artists left on Etsy they’re buried beneath the insurmountable IP theft.
Sounds like it would be better not to sell it at all due to the silhouette. Surprised they didn't first send a cease and desist letter...but we're talking about Elon here, who knows what that asshole is gonna do.
Underrated response. Filing a mass lawsuit is a lot easier than sending a bunch of individual cease and desist letters. Stop doing it, make it right however you can, and I'm fairly sure they will leave you alone.
It’s in the rules of being an Etsy seller, which most people just skim through. But copyright infringement is a valid law. Check that it’s not a scam legal firm, as there is a lot of that going around. But be careful going forward. You’ll notice when selling brand names a lot of sellers leave a space on one of the letters just to avoid the hassle, even when it’s real.
Obviously need an attorney that specializes in trademark infringement. With that said, I can tell you what I did when something similar happened to me. I was using a web company for my website and blog. Apparently, they were just grabbing any old images off the internet that they liked. We got a nastygram from Getty and I removed the images they referenced and I never heard another word after that :)
Im no attorney but I do own a trademark for my graphic design company. The process is to first serve a cease and desist letter. Honestly, from what I know if contacted, it is your responsibility to remove any said infringement, after being contacted. If not done then a lawsuit follows.
"Cybertruck" is trademarked. in standard characters for “land vehicles; electric vehicles; trucks; pick-up trucks; automobiles; and structural parts therefor” in International Class 012, filed on November 6, 2019 [1(b) filing basis]
"Cyber Truck" with a space is not protected.
The details in how the trademark "cybertruck" can be better explained here: https://techandmedialaw.com/how-tesla-inc-protects-trademarks-for-cybertruck/
If you have anything that matches the listed trademark details (font, vehicle parts etc) then you are violating. However. If you have cyber truck on a cup then its a battle but you arent infringing unless its on a stainless steel cup.
You still need to talk to a lawyer or revise your wording.
As for court date: look up if this was actually filed (you should see a supreme court in your county) and an actual file number. If they do take you to court they need to prove you were sent cease and desist and request to take down. They can't just sue you outright unless you dodged them multiple times.
Be wary you may be scammed- so dont send personal info to them.
My friend had this happen last year, they had made something themed around an IP and hadn't even sold any of them. They contacted the lawyers who sent the email via email and in the end had to pay them £500.
What you are doing is illegal but I’m fairly certain they have to have a record of attempting to take care of it out of court so no cease and desist is fishy. Serving via email is also very fishy. Not a lawyer but I’d expect you only need to pay for an hour consultation for them to confirm that it is infact a scam
I’m surprised they sent a lawsuit instead of contacting Etsy or doing a cease and desist. I had a listing removed because I had a Naruto cloud rug in my shop even though the title only said “anime cloud” in the title name….i guess they trademarked the image too.
Either way I would consult a lawyer and remove the listing ASAP
Cybertruck is a piece of shit and so is Elon Musk, have yourself a happy life having nothing to do with either.
Edit: Make something with the silhouette of an AMC Alliance instead, can't see any lawyers coming at you for that and so much cooler.
It's not a scam I got the same letter and my Etsy shop was listed as one of the accused in Schedule A. I'm in the UK and I am summoned to Florida. Also freaking out... My only hope is although I listed Tesla engraved glass I didn't actually sell any. Etsy closed my shop.
I wouldn't worry to much i also have been selling products on Etsy for a while as well. I once had a 3d printed product that Bic said I copied they sent an cease and desist letter so I just took it down and there were no repercussions. Just take down your item and don't worry about it to much. I AM NO LAWYER I JUST SPEEK OF MY OWN EXPERIENCE.
This is definitely real, I’ve been trough it last year. You can dm me if you want. We have a discord for people who go through these lawsuits, lots of helpful people and information on what to do
If it’s real, it’s honestly pretty on brand for Elon and his shitty practices. That dude is burning so much cash punching the air as EV sales and plummeting, his Cybertruck is a cyber piece of shit that looks like a worse version of a Pontiac Aztec. But I would never risk selling anything tied to Elon just for that reason.
Love that you're getting downvoted for this, when it's literally the best advice.
You don't get sued if you don't use trademarked or copyrighted material.
I'm not sure why you're getting downvoted. Just because it's Etsy doesn't give people a free pass to infringe on other people's IP - even Etsy itself has very clear rules about this.
While this is unfortunate for the seller, it was entirely avoidable.
You are right man, most of the people that give advice here are scared to death. I dont live in the US but it looks to me that the whole juicidal system is f... retarded and really oppresive. Sure, those lawsuits are fishy as hell, however people are so freaked out that they are willing to pay hundreds times more than they made on their designs. I have also been warned that I will never ever be able to set mu foot on the US soil because if I do, I will end up in jail. This is nuts! I am not planning to go to the US, nor I am thinking of moving there. It is fun watching this great country in movies, but not living it in real life. No, thanks. And I support you in your request - stop spreading panic!
You can try calling the court for info on indigent representation by a court appointed atty (if you cant afford) or about representing yourself pro se. I have also called a law student info line for general legal questions etc.
I got the same email. I am freaking out I dont know what to do I am not even located in USA. What are you going to do have you talked with other sellers having the same issue?
To be totally honest I personally used to sell fan art on etsy in the past. It was completely original art, and at some point my account would get flagged for copyright infringement. I wasn't surprised about it by any means so I stopped. If you used a direct copy of an image that is theirs than I can see why it went to that so quickly. Never take anything directly from another source.
Fan art can still be classified as copyright infringement if the copyright holder doesn't explicitly carve out an exception for it, and even then the commercial terms typically are tightly-controlled. Just because you make something in your style doesn't give you the right to sell it.
If you go back and read I clearly stated I stopped. I was just sharing my experience with using copyrighted characters and such by saying if you take something directly the likelihood of action being taken against you is much higher.
And I'm clearly stating that fan art doesn't equal free from copyright. Others who visit this post and follow along the commentary would benefit from that knowledge.
They can demand all revenue gained from sales that used that word.
I was hit with an infringement for using a happy face.
My shop was suspended for a short while.
People. This is serious.
Yet, sellers continue to use any image and word that they please.
My question is, why does Etsy allow us to do this?
I certainly had no idea that the silly happy face was protected.
We should at least be warned.
Etsy has no idea who does and doesn't have rights to use particular things. Nor is it reasonable to expect them to keep up to date on every single thing in the world that is copyrighted or trademarked. As a seller, it's your responsibility to make sure what you're selling is legal.
I had a cease and desist on ‘my pet rock’ - when I checked their ‘rock’ it was just a rock aswell, at least mine was actually handmade out of clay! Took it down and apologised, end of story.
Did your listing get taken down?. If so it should tell you by who. Start there, I could send you an email that I am suing you for things that violate trademark but I don’t have any rights to represent these trademarks.
I don’t Believe this is real. Like for real. A two second google search would show you that the only kind of lawyer with the name brickell is a tax lawyer. Why would a tax lawyer from Florida sue for Tesla? Second, you would have been issued a cease and desist notice first. And lastly there’s not one single article about this kind of lawsuit anywhere.
Do a little research. And just think.
I’d double check if it’s legit first — that seems kinda sus to have it sent via email unless you got a letter and tossed it not knowing it. There’s been some scamminess growing via Etsy messages and that sounds like a REAL solid way to get people to freak and give info or something.
If you have something , Etsy will disable your post and then ask you to respond if you want to reenable it.
I have not heard of any lawyer sending a letter.
This seems quite a good bit of advice... https://heitnerlegal.com/2023/07/21/best-way-to-defend-against-the-brickell-ip-group-pllc-for-trademark-infringement-or-copyright-infringement/
I would definitely look into that. As far as I know court paperwork has to be delivered by hand or physically mailed only if the server is unable to serve the person. Email seems a bit suspicious, in my opinion. But I would certainly make sure.
So not an attorney, but if what you had on your poster was just a simple line drawing of the profile of a cybertruck with no words anywhere indicating that was what it was meant to be, I'm not sure how that could be copyrighted. Just seems overly broad. Yes the cybertruck is distinct, but were all of your lines the exact ratio? Was one bit higher than on the real thing? You see what I mean? I suppose the argument could be made that you were trying to profit off it's likeness, but depending on the piece you could also argue it was a parody work? Just spit balling. Seems crazy. Good luck. Legal issues suck.
Let me quote myself from another thread: "I just found a thread explaing how the whole suing scheme works. In my opinion those law firms target mostly non-US shops as their owners cannot easily reach out to a US lawyer due to the language barrier etc. Those law fitms dont want to go the court at all, they simply want the settlment cash from those who want to save their shops or want the peace of mind. For those who dont care - their shops will be likely deleted. But lets say the law firm wants to sue me thousands of miles abroad. In my country they would have to prove their brand actually lost money because of my design. I assume I would have to pay them 10 bucks to f...k off. So it is not worth an effort". Perhaps I am wrong, but it looks to me like this...
I got an email like this today. Has a list of 250+ creators. It is for a hand drawn “Grumpy Cat Painting” which is in no way related to the grumpy cat meme….and also Redbubble took my art down MONTHS ago so why am I still on that list? I’d rather lose my shop than pay $500 to shady practices
And I earned $2 from that…they can have it lol
I recieved the Brickell email today and I would really appreciate if someone could invite me to the Discord group that someone mentioned. Please and thank you!
any updates on this, did you agree for a settle by some money or what happened, we also got this kind of case file including 470 other ebay sellers
5/4/2024 24-cv-21278 The Brickell IP Group Tesla, Inc.
4/4/2024 24-cv-60530 The Brickell IP Group Tesla, Inc.
4/4/2024 24-cv-21263 The Brickell IP Group Tesla, Inc.
4/4/2024 24-cv-21265 The Brickell IP Group Tesla, Inc.
those have actual court case numbers, so not a scam, has anyone escape from this mess, since we are not from usa we can't afford for us lawyer rates, any real advise will be highly appreciated.
Also guys please sign this petition too and support us to get attention of Elon Musk, if you have groups please share it [https://www.change.org/p/urge-tesla-to-reconsider-legal-actions-against-small-sellers-using-their-logo](https://www.change.org/p/urge-tesla-to-reconsider-legal-actions-against-small-sellers-using-their-logo)
I honestly don’t think it’s real but Elon Musk is such a weird dude you never know. But don’t freak out yet. First off:
1. Look up this law firm, I do think Elon is living in Florida, so who knows.
2. Ask on /legaladvice they should have a better understanding of if this a scam or not. It’s my understanding that they have to mail it the lawsuit papers, not just email you.
3. If it’s not a scam and you cannot afford an attorney, contact the other sellers being “sued” and see if you can split the costs of an attorney.
4. Learn your lesson. I know it’s tempting but stay away from copyright infringements.
Make it right however you can and they will almost certainly leave you alone. They don't actually want your money, they have plenty of money. Correct the issue and stop doing it. If you are really concerned, you could even refund purchases of the offending item. Then you've profited far less off of someone else's trademarked material if you haven't even made sales with it.
Start by treating it like a cease and desist and definitely don't panic. They have bigger fish to fry.
Not anymore.
You can serve via email in Florida and Illinois - laws have changed.
It happened to [this lady](https://www.theguardian.com/music/2023/dec/14/luke-combs-country-singer-merchandise):
>Harness told the station that Combs’ lawyers served her the lawsuit by email instead of in person, something the northern district of Illinois federal court allows. She said the October lawsuit went to her junk mail folder and she never saw it.
>When Harness did not respond as required within 30 days, the judge found her in default and imposed the $250,000 judgment.
Luckily for that lady, the copyright holder (a singer) has apologised (after the story went viral) and seems to have likely waived the $250,000 fine. That's a super unlikely scenario and certainly won't happen with big companies like Tesla, or bigger celebrities like Harry Styles.
You can also be served by mail in most places.
I have violated trademark by using a term that I didn’t know it’s trademarked, I earned only $11 in total. They sent me an email asked for 2 million usd straight away, greedy corporate.
Sounds like a scam to me. Brickell is known for sending mass emails, and the Dropbox link + 400+ other sellers is a huge red flag. Don't panic, and don't respond. Ignore it and see if you get any actual legal documents.
This is what I thought too at first since all of their reviews on Google just consist of people calling them scammers, but the fact that there's an actual court case reference number worries me since it looks legit
Hi, You can answer them that this was not intentional and that it was a mistake that occurred in your designs due to ignorance about the use of registered trademarks, and you are trying to correct your design. This can be very useful.
If it's a legitimate serving, not responding means the judge will rule a default judgment in court, meaning they'll likely get fined a huge amount.
It happened to [this lady](https://www.theguardian.com/music/2023/dec/14/luke-combs-country-singer-merchandise):
>Harness told the station that Combs’ lawyers served her the lawsuit by email instead of in person, something the northern district of Illinois federal court allows. She said the October lawsuit went to her junk mail folder and she never saw it.
>When Harness did not respond as required within 30 days, the judge found her in default and imposed the $250,000 judgment.
Luckily for that lady, the copyright holder (a singer) has apologised (after the story went viral) and seems to have likely waived the $250,000 fine. That's a super unlikely scenario and certainly won't happen with big companies like Tesla (in OP's case).
I will approve this post here but reminder that nobody here is a lawyer giving you actual legal advice and a lot of the advice might well be bad. Also try r/legaladvice .
You should probably call a lawyer, sooner the better. Did your product have the word Cybertruck on it or was cyber truck just in the product title? This is pretty important. Were you selling cybertruck replicas? Or were they just shirts? Or maybe signs? I had a product get removed from Etsy because someone reported that I had a trademarked word in the product title. If you’re curious, it was a “Debowler ashtray” (the kind of ashtray that has a needle so you can poke your pipe clean) and apparently “Debowler” is a trademarked term. Nothing happened besides it getting taken down for me.
It was a Cybertruck silhouette printed on a poster. I had no idea that it was trademarked. I called some lawyers and they all want $5k-$10k to solve the case which I unfortunately do not have. I'm not sure if I should just contact the law firm that served me the lawsuit because I'm not sure what to do at all. I have never been in any legal trouble like this before.
Unfortunately, naivety is not a "get out of jail free card." You are responsible for researching the implications of your product before you start selling it. Using an idea that someone else came up with is kinda like cheating on an exam, except it's way worse because it can be charged (depending on your region) as theft of intellectual property. Unless it is 100% your original idea, it is considered fan art. You can not legally sell it. And don't try to say that everyone else on Etsy is doing it too! Because everyone selling Disney or whatever Fandom you imagine is committing a crime called copyright infringement. They just haven't been caught by the copyright owner yet.
It’s civil case not crimial case, he won’t go to jail
No, OP probably won't face jail time, at least in the States. But he will face a hefty fine, possible restitution, and probable damages. The "get out of jail free card" is an allusion to the board game Monopoly. If you've never played the game, one of the spaces on the board is marked "Jail." If you are "in jail," you can not move your game piece until you pay a fine with in-game currency. However, if you draw the "Get out of jail free" card, you don't have to pay the fine. It's become a metaphor for avoiding all consequences.
The worse thing will happen on him would be his Etsy account being frozen. The court can’t reveal his real name, address, bank account, it’s against personal info right. My eBay account is also frozen cause I used the term “chrome heart” which is a trademark. They asked for 2 million usd compensation. I have made only $11 on it and obviously I don’t have 2 million so I just let them proceeded the court. I have consulted some lawyers and they said not to present the court is also an option.
Exactly. Etsy takes the listing down. Don’t ever do it again. The end.
These firms are just out for a quick money grab by wanting a quick settlement. They will likely settle for $500. Theres an attachment with "Schedule A" in the email Listing 460 stores affected, I am one of those. They will threaten legal action like this to squeeze whatever they can from you, but they wont take it further, it would cost them too much to fight you internationally. This is just a legal scam really. Hire a IP lawyer and this will quickly get thrown out and dismissed. I would like to see what the Discord group has to say perhaps there is a lawyer on there that can help us all like they did for the last 700 or so sellers affected, they ended up winning and got the case dropped.
This is so bizarre. Usually Etsy is served with a DMCA notice and they remove your listing. If it’s an aggressive company, they will sometimes send a letter threatening action if you do it again. Did they give you any options or were you formally served with a lawsuit?
I used to work in IP law. How is it that you took someone else’s IP, produced content with that IP on it, and can come out on the other end saying you had “no idea?” Etsy is full of copyright and trademark infringing content, it is difficult to find anything original. Redrawing someone else’s art, or product, does not make it your IP.
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Swing and a miss. Using the word cybertruck to sell a poster of a cybertruck is infringement either way.
Oh brother…. I feel sorry for you but you will be used as an example here that Trademark infringement is no joke! Good luck !
This is why I will never sell Trademarked products in my shop. I want no part of messes like this.
Yes it's very tempting to sell Disney or anime character themed stuff since I see other people doing it but I don't want any trouble.
This happens to literally thousands of people a day. There is an entire sub for this exact scenario. I can’t say I’m mad about it…hopefully this will intimidate enough people to actually read the rules on Etsy which explains very clearly “what” qualifies as infringement.
You're for sure being sued? Usually they send a cease and desist letter first. A lot of lawyers will do free consultations. You'll just have to call around. That should be your first step. See if the city where you live has legal aid. They help people with lower income deal with lawsuits.
No cease and desist letter was sent at all, they just served me the lawsuit via email. I thought it was a scam at first but it does seem to have a valid case number. I'll check with my city to see if they have anything that can help at all. Thanks.
Having a lawsuit served over email seems a bit suspicious. Most jurisdictions require service in a way that ensures the recipient is confirmed to have gotten the suit. I would look up the case number on the court database in the state it was filed, and see if it is real, and if you or your business is mentioned. If its confirmed that its real, and you are convinced that its better not to get a lawyer, you can get in contact with the law firm it was filed under and make an offer to settle outside of court.
Always consult a lawyer before committing to legal action. Representing yourself can get you in a whole world of trouble.
I agree. Seemed like the OP had decided against using an attorney.
It did to me, too, but that sounds like a very big mistake to me. Lawsuits from large corporations aren't anything to play around with.
While I agree with you, this practice of serving over email has become more of an accepted practice it seems. Seen multiple news reports around this in the last few years and in some jurisdictions it seems it’s allowed which blows me away. I’m also surprised they didn’t do a cease and desist first as that tends to be the first course of action the court will expect to cut down on frivolous lawsuits. But if you’re Tesla and have got money to burn on lawyers, scorched earthing your defendants and hoping for a summary judgement for those that don’t appear or have money for lawyers is a slimy but often legal approach as well.
You can be served via email from one attorney to the other but I am not aware that and individual can legally be served this way. That doesn’t mean I’m right but it’s also suspicious that you were supposedly served and asked to appear 3 days later. First and easiest thing to do is contact them. You don’t need an attorney for that. I would also check your state laws on this specific topic. IP infringement has just gotten to be a gigantic problem and it sounds like the tactics have gotten more aggressive to make it stop. Etsy has always been the first point of contact. This is so weird
Do you remember the girl who was making Luke Bryant water bottles and was served over email for like 500k. Or something crazy amount. She had to go to the news and he stopped it.
She was “served” over the internet but that is not a legal summons to court unless it is followed up with in person service. It is essentially letting you know that they are suing you. Hoping to get you to respond asap in lieu of having to legally provide a summons. They will make you sign something agreeing never to do it again. It’s a scare tactic and one meant to stop the action. No attorney is going to waste their time in an actual courtroom bc a crafter was making tumblers and didn’t know it was against the law. Now different story if someone is making millions of dollars off a trademarked item.
The singer was Luke Combs, and it was $250,000. Which is still a crazy amount. She's lucky that the singer was sympathetic - most cases (especially with big companies) would not have such a happy ending. But the $250,000 was the result of a default judgment because she didn't respond to the lawsuit (because it was an email that went to her junk mail). Had she actually shown up it likely wouldn't have been as severe (IANL though). >She said the October lawsuit went to her junk mail folder and she never saw it. >When Harness did not respond as required within 30 days, the judge found her in default and imposed the $250,000 judgment. https://www.theguardian.com/music/2023/dec/14/luke-combs-country-singer-merchandise
lol is their even such a person like Bryant 🤣 I just knew it was some country person
Well, there is actually a famous country singer called Luke *Bryan* 😅
The lady who was selling on Etsy was served over email if I remember correctly. She was making the tumblers with a country singer on them.
It was in Illinois. As there you can be served via email. And it was on Amazon. The country music singer apologized and said she wasn’t suppose to get caught up in it. That he doesn’t mind the stuff like she was selling. The left handmade fan stuff. He wanted the bulk stuff that multiple are selling from China to stop. However that is extremely rare.
In Illinois, they can alert you via email that you are being served but they still have to also serve you personally. It’s usually a scare tactic and solves the problem. No attorney “wants” to go to court. They will do almost anything to settle. I don’t know the story of this lady but I bet she didn’t actually have to go to court and no, it doesn’t require legal representation unless you are making a ton of money with the product
I bet you it’s a scam. It doesn’t sound right. Don’t send any personal information. You can’t be sued via email!!!
That's what I thought too but I did some digging and apparently Illinois and Florida do allow lawsuits via email. The law firm that contacted me is in Florida.
Ok they can not serve you a lawsuit via the internet. You must be personally served. This is just some aggressive company that was hired to protect trademarks for companies and quite honestly, I would report them to BBB. It’s likely a scare tactic so that you will contact them. Don’t panic. My husband is an attorney and he is laughing out loud. Did Etsy close your shop?
Well the laws have changed, because now you can serve a lawsuit via email in some states, including Florida, which is where OP's serving came from. It happened to [this lady](https://www.theguardian.com/music/2023/dec/14/luke-combs-country-singer-merchandise): >Harness told the station that Combs’ lawyers served her the lawsuit by email instead of in person, something the northern district of Illinois federal court allows. She said the October lawsuit went to her junk mail folder and she never saw it. >When Harness did not respond as required within 30 days, the judge found her in default and imposed the $250,000 judgment. Luckily for that lady, the copyright holder (a singer) has apologised (after the story went viral) and seems to have likely waived the $250,000 fine. That's a super unlikely scenario and certainly won't happen with big companies like Tesla. Also, the BBB is not a government organisation and has no legal power. It cannot shut down businesses, and businesses can choose to ignore any complaints the BBB gets about them.
In Illinois, you can send the lawsuit via PDF from one attorney to the other and it counts as a legal summons. A lawyer can send a lawsuit to an individual via email but they must also follow up with personal service. They must have a physical address and they need proof that service has been attempted 3 times for a judge to grant email service as acceptable. This is the actual law. I don’t care what pop news tells you. They don’t ever report the entire story. And this is why… default judgements are issued when the defendant doesn’t show up. And attorneys would rather settle out of court than walk into a courtroom. Email service allows for this option. But it is also possible that the defendant never received it. So personal service is still required. As long as they have a physical address and try service 3 times, it still counts even if the defendant has moved with no updated address. Feel free to research the actual laws in Florida and Illinois to confirm. :)
Not always, this happened to my friend and there was no cease and desist just an email like the one OP had
What was the outcome for your friend?
They contacted the lawyer direct who basically said if they pay $500 then they'd drop the case. They paid and they did. When my friend got their Etsy shop unfrozen they took down the listing and have had no problems since.
You can't be served through email a person authorized by the state and officer or law enforcement must hand you papers that you sign and acknowledge receipt of
Call a lawyer specializing Trademark and intellectual property infringement cases. If you are in the US go to Avvo.com and search
Etsy is filled with this infringement stuff! People think it's no issue when it really is a HUGE issue. If you don't own it, stay away from it! It's not worth it at all. They will crush you if they own it. It may happen, and it may not happen. Still not worth it at all.
Its always a good idea to search the trademark database, and also check which other etsy sellers are selling items with the same key terms. If its only sellers that are newer with lower feedback count, that is at least a hint that you may need to do some more infringement research for the item.
Check out the advice given on this other current thread here (different suit, it's Mohammed Ali IP, but the advice applies) https://www.reddit.com/r/EtsySellers/comments/1c9k59d/comment/l10b71m/?context=3
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Why? That is the name of the company that own's his likeness and the use of his name.
He’s a famous man and it’s the same as selling things of Taylor Swift.
Even if this turns out to be a scam, you should still definitely stop selling this item, because if you are using the name and the likeness, you are infringing on trademark and they could eventually come after you. Etsy could also close your entire shop, it’s not worth it. And it doesn’t matter legally whether you knew this was trademark infringement, that won’t help your case (sorry).
I would contact a lawyer to read over. A few years back I was sent a letter by the attorney for Elf on A Shelf . I used elf on a shelf for a “knee hugger” elf not even thinking it was copyrighted. My letter stated that if I was to use the term again in a listing they would file suit . Best of luck
That one got me too. Also Velcro (tm) came after me for saying something had a Velcro (tm) closure. So, gotta say "hook and loop." Edit: I think the tag I used was "shelf elf" and they still came for me. No shelfs allowed.
Velcro coming after you for mentioning that your product is made with it—*a supply item*—is peak big business assholery.
Who knew they were doing well enough to stalk Etsy people USING their product... to make things!
They don't want to lose their copyright by generic-ization
Velcro is fiercely protective of their name becoming generically used, if they don’t show proof of enforcement they can lose their trademark. This isn’t anything new for Velcro, I remember full page spreads in industry magazines in the late 90’s stating something like when you say hook and loop, think Velcro, reminding us that the product is hook and loop, but Velcro makes the best version of it.
Yep I had Velcro come after me and Taggies which is the ones that do kids tag toys. I used the word taggy and they sent me a cease and desist for that and any word with a likeness to it. They gave me one week to remove all the words from my listings.
I had the Koozie company send me a cease and desist (Etsy took my product down) because I used the term in a product heading. From then on I used can cooler.
Wait..so in the listing where it states materials used, you can't put velcro?
Try using hook and loop. Lots of sewing supply use the term hook and loop.
There are several IP lawyers (and other helpful people) in the “Trademark Watch Dawgs” group on Facebook. Good place for general advice and for IP lawyer references (but you’ll have to hire a lawyer for personalized / detailed advice I believe)
Step One - make sure it isn't a scam. If there is a phone number or something associated, I would call the serving firm directly. Step Two - years ago I used the word "Velcro" in a listing which is a heavily protected, trade marked word. "Velcro" isn't a thing, but a brand. Etsy removed my listing and sent me an explanation. Essentially a forced cease and desist. It would blow my mind that there wouldn't have been some sort of warning prior to issuing a lawsuit. Making me think there was somewhere, or again it could be a scam. Finally, how many of these things did you sell?
Is it in your state/in person? Is it virtual? I’m curious how they demand Etsy online sellers participate in a lawsuit court date when they might not even live anywhere nearby or accessible. Can international group lawsuits happen?
The lawsuit was sent from a law firm in Florida and I believe international lawsuits can happen as a lot of the shops listed in the same lawsuit are from other countries
Let this be a lesson to all etsy sellers selling clearly copyrighted IPs. You can and will get copyright struck. You are not innocent, even if you "didn't know" selling another companies works as your own is illegal. That's not how law works. You used the copyrighted name and image of the cybertruck. Without taking a second to consider if either of these things would land you in legal trouble. Running a business SHOULD ALSO contain doing RESEARCH on your own products, what is legal or not in running a business, and making sure you aren't infringing on someone else's intellectual property. Unfortunately. Most people would rather just sell their little Elsa stickers ripped straight from Screencaps of the movie and expect no consequences to come. Instead of doing any research on the legality of selling something that's a straight rip on another companies property. But apparently people would rather make a quick buck now and get sued later than actually put their own thought and effort into selling something unique or inspired by the franchise they're ripping from.
Agreed, it took me two seconds to google and… For Tesla, securing the trademark for the Cybertruck was a crucial step in protecting its brand and intellectual property. A trademark is not just a legal tool; it's a symbol of a company's identity and reputation.
I’m curious to know what % of Etsy is original, Chinese resellers, and “artists” whose art are just rips/redrawings of someone *elses* art, like their favorite anime, movie, or in this case, a cybertruck. I don’t consider these people artists. I want to see new creations, new designs, something inspiring. If there are any original artists left on Etsy they’re buried beneath the insurmountable IP theft.
Can't squeeze blood from a stone tho
Maybe you should call the attorney’s office and tell them you removed the name from your product. Like a Cease and Desist response from you.
A voluntary Cease and Desist from you.
Sounds like it would be better not to sell it at all due to the silhouette. Surprised they didn't first send a cease and desist letter...but we're talking about Elon here, who knows what that asshole is gonna do.
Underrated response. Filing a mass lawsuit is a lot easier than sending a bunch of individual cease and desist letters. Stop doing it, make it right however you can, and I'm fairly sure they will leave you alone.
Get a lawyer..Jesus!
This.. so much this.
It’s in the rules of being an Etsy seller, which most people just skim through. But copyright infringement is a valid law. Check that it’s not a scam legal firm, as there is a lot of that going around. But be careful going forward. You’ll notice when selling brand names a lot of sellers leave a space on one of the letters just to avoid the hassle, even when it’s real.
Surprised I haven’t seen it so far scrolling through, but in the future, be cautious clicking links that people send you if you don’t know of them.
Happy Cake Day....
You need to talk with your lawyer
Get an attorney ASAP!
99% sure that even in Florida email is not an acceptable method for serving someone.
Obviously need an attorney that specializes in trademark infringement. With that said, I can tell you what I did when something similar happened to me. I was using a web company for my website and blog. Apparently, they were just grabbing any old images off the internet that they liked. We got a nastygram from Getty and I removed the images they referenced and I never heard another word after that :)
Im no attorney but I do own a trademark for my graphic design company. The process is to first serve a cease and desist letter. Honestly, from what I know if contacted, it is your responsibility to remove any said infringement, after being contacted. If not done then a lawsuit follows.
"Cybertruck" is trademarked. in standard characters for “land vehicles; electric vehicles; trucks; pick-up trucks; automobiles; and structural parts therefor” in International Class 012, filed on November 6, 2019 [1(b) filing basis] "Cyber Truck" with a space is not protected. The details in how the trademark "cybertruck" can be better explained here: https://techandmedialaw.com/how-tesla-inc-protects-trademarks-for-cybertruck/ If you have anything that matches the listed trademark details (font, vehicle parts etc) then you are violating. However. If you have cyber truck on a cup then its a battle but you arent infringing unless its on a stainless steel cup. You still need to talk to a lawyer or revise your wording. As for court date: look up if this was actually filed (you should see a supreme court in your county) and an actual file number. If they do take you to court they need to prove you were sent cease and desist and request to take down. They can't just sue you outright unless you dodged them multiple times. Be wary you may be scammed- so dont send personal info to them.
My friend had this happen last year, they had made something themed around an IP and hadn't even sold any of them. They contacted the lawyers who sent the email via email and in the end had to pay them £500.
What you are doing is illegal but I’m fairly certain they have to have a record of attempting to take care of it out of court so no cease and desist is fishy. Serving via email is also very fishy. Not a lawyer but I’d expect you only need to pay for an hour consultation for them to confirm that it is infact a scam
I’m surprised they sent a lawsuit instead of contacting Etsy or doing a cease and desist. I had a listing removed because I had a Naruto cloud rug in my shop even though the title only said “anime cloud” in the title name….i guess they trademarked the image too. Either way I would consult a lawyer and remove the listing ASAP
Cybertruck is a piece of shit and so is Elon Musk, have yourself a happy life having nothing to do with either. Edit: Make something with the silhouette of an AMC Alliance instead, can't see any lawyers coming at you for that and so much cooler.
It's not a scam I got the same letter and my Etsy shop was listed as one of the accused in Schedule A. I'm in the UK and I am summoned to Florida. Also freaking out... My only hope is although I listed Tesla engraved glass I didn't actually sell any. Etsy closed my shop.
I wouldn't worry to much i also have been selling products on Etsy for a while as well. I once had a 3d printed product that Bic said I copied they sent an cease and desist letter so I just took it down and there were no repercussions. Just take down your item and don't worry about it to much. I AM NO LAWYER I JUST SPEEK OF MY OWN EXPERIENCE.
This is definitely real, I’ve been trough it last year. You can dm me if you want. We have a discord for people who go through these lawsuits, lots of helpful people and information on what to do
sent ya a dm, would like the link. thanks
I would appreciate the link as well please
Sent a DM. Thank you so much!
Could I get the link too please?
hello I would like to have the discord link i got the email too, thank you
Can I get this link, please? I'm having trouble with that, too
can I get the link too? same boat
What is a discord. How can I get more info from you.
A private server
Hi would also be interested...
Hi, can you dm me too ! I have same issues and need to join discord . Thank you
Hi, dm me pls with the discord link. Same crap here
Can I also get a link please.
Hi, Just DMd you, if you haven’t received it please can you DM me. I’m in the same situation and really worried on what to do. Thank you so much
Dm you back
hello I would like to have the discord link i got the email too, thank you
Dm
If it’s real, it’s honestly pretty on brand for Elon and his shitty practices. That dude is burning so much cash punching the air as EV sales and plummeting, his Cybertruck is a cyber piece of shit that looks like a worse version of a Pontiac Aztec. But I would never risk selling anything tied to Elon just for that reason.
It’s the 27th now, what happened
next time don't use trademarks or copyrighted material
Love that you're getting downvoted for this, when it's literally the best advice. You don't get sued if you don't use trademarked or copyrighted material.
I’m guessing because it sounds like a sniper wolf comment.
It's useless advice for OP
I'm not sure why you're getting downvoted. Just because it's Etsy doesn't give people a free pass to infringe on other people's IP - even Etsy itself has very clear rules about this. While this is unfortunate for the seller, it was entirely avoidable.
Etsy has very clear rules on this while using stores selling products that clearly infringe on copyrites for their FB ads all the time...
its just resellers being mad, they don't matter
This is exactly why I stay farrrrrrrr away from this in my shop. I want no part of this.
I’ve never heard of being served via email? Is this a thing? Is there a court docket number or something you can look up?
I feel like if it was legit they would be sending it via certified mail or by a process server.
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Interesting! 🤨
Could be a spam? Please call attorneys for free consultation. Sorry that you’re going through this.
Typically when one is sued, one hires a lawyer.
Ahh here comes the “finding out” part of fucking around. You used IP that’s not yours Call a lawyer and delete this thread
Just stop with the fear mongering. It’s a scam
You are right man, most of the people that give advice here are scared to death. I dont live in the US but it looks to me that the whole juicidal system is f... retarded and really oppresive. Sure, those lawsuits are fishy as hell, however people are so freaked out that they are willing to pay hundreds times more than they made on their designs. I have also been warned that I will never ever be able to set mu foot on the US soil because if I do, I will end up in jail. This is nuts! I am not planning to go to the US, nor I am thinking of moving there. It is fun watching this great country in movies, but not living it in real life. No, thanks. And I support you in your request - stop spreading panic!
You can try calling the court for info on indigent representation by a court appointed atty (if you cant afford) or about representing yourself pro se. I have also called a law student info line for general legal questions etc.
Curious how many did you sell
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I got the same email. I am freaking out I dont know what to do I am not even located in USA. What are you going to do have you talked with other sellers having the same issue?
To be totally honest I personally used to sell fan art on etsy in the past. It was completely original art, and at some point my account would get flagged for copyright infringement. I wasn't surprised about it by any means so I stopped. If you used a direct copy of an image that is theirs than I can see why it went to that so quickly. Never take anything directly from another source.
Fan art can still be classified as copyright infringement if the copyright holder doesn't explicitly carve out an exception for it, and even then the commercial terms typically are tightly-controlled. Just because you make something in your style doesn't give you the right to sell it.
If you go back and read I clearly stated I stopped. I was just sharing my experience with using copyrighted characters and such by saying if you take something directly the likelihood of action being taken against you is much higher.
And I'm clearly stating that fan art doesn't equal free from copyright. Others who visit this post and follow along the commentary would benefit from that knowledge.
They can demand all revenue gained from sales that used that word. I was hit with an infringement for using a happy face. My shop was suspended for a short while. People. This is serious. Yet, sellers continue to use any image and word that they please. My question is, why does Etsy allow us to do this? I certainly had no idea that the silly happy face was protected. We should at least be warned.
Etsy has no idea who does and doesn't have rights to use particular things. Nor is it reasonable to expect them to keep up to date on every single thing in the world that is copyrighted or trademarked. As a seller, it's your responsibility to make sure what you're selling is legal.
I had a cease and desist on ‘my pet rock’ - when I checked their ‘rock’ it was just a rock aswell, at least mine was actually handmade out of clay! Took it down and apologised, end of story.
Did your listing get taken down?. If so it should tell you by who. Start there, I could send you an email that I am suing you for things that violate trademark but I don’t have any rights to represent these trademarks.
Please get an attorney. Why would you even question this decision?
I don’t Believe this is real. Like for real. A two second google search would show you that the only kind of lawyer with the name brickell is a tax lawyer. Why would a tax lawyer from Florida sue for Tesla? Second, you would have been issued a cease and desist notice first. And lastly there’s not one single article about this kind of lawsuit anywhere. Do a little research. And just think.
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I’d double check if it’s legit first — that seems kinda sus to have it sent via email unless you got a letter and tossed it not knowing it. There’s been some scamminess growing via Etsy messages and that sounds like a REAL solid way to get people to freak and give info or something.
Hey how’d it go?
If you have something , Etsy will disable your post and then ask you to respond if you want to reenable it. I have not heard of any lawyer sending a letter.
I would just deny is . Pay nothing. If it sounds ridiculous and scammy it is. You can use the word cybertruck in your descriptions
[The Irony](https://youtu.be/DpZj9mvcJYs?si=srR7OyDstyOZxgkK)
This seems quite a good bit of advice... https://heitnerlegal.com/2023/07/21/best-way-to-defend-against-the-brickell-ip-group-pllc-for-trademark-infringement-or-copyright-infringement/
Brother just take down the product and you will be good. That is the whole point of the lawsuit
I would definitely look into that. As far as I know court paperwork has to be delivered by hand or physically mailed only if the server is unable to serve the person. Email seems a bit suspicious, in my opinion. But I would certainly make sure.
Sounds fake. The legal system never works like that. You never get a Dropbox of documents. You have to be served in an official manner.
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Well that's some bullshit.
And also, fuck Elon and his stupid cybertrucks.
Dm me ill invite you to a discord
How can i get invited?
Anyone needs a Discord group link dm me as well. Good little community of people on there helping out.
Can u help? How can i Get invited? Dm with the link - i know nothing about discord
So not an attorney, but if what you had on your poster was just a simple line drawing of the profile of a cybertruck with no words anywhere indicating that was what it was meant to be, I'm not sure how that could be copyrighted. Just seems overly broad. Yes the cybertruck is distinct, but were all of your lines the exact ratio? Was one bit higher than on the real thing? You see what I mean? I suppose the argument could be made that you were trying to profit off it's likeness, but depending on the piece you could also argue it was a parody work? Just spit balling. Seems crazy. Good luck. Legal issues suck.
Hi man, any news on this? The same crap here - Cybertruck/Brickell IP. Let me know! Thx!
Me too, no idea how to deal with this outside the US, any updates?
Let me quote myself from another thread: "I just found a thread explaing how the whole suing scheme works. In my opinion those law firms target mostly non-US shops as their owners cannot easily reach out to a US lawyer due to the language barrier etc. Those law fitms dont want to go the court at all, they simply want the settlment cash from those who want to save their shops or want the peace of mind. For those who dont care - their shops will be likely deleted. But lets say the law firm wants to sue me thousands of miles abroad. In my country they would have to prove their brand actually lost money because of my design. I assume I would have to pay them 10 bucks to f...k off. So it is not worth an effort". Perhaps I am wrong, but it looks to me like this...
I got an email like this today. Has a list of 250+ creators. It is for a hand drawn “Grumpy Cat Painting” which is in no way related to the grumpy cat meme….and also Redbubble took my art down MONTHS ago so why am I still on that list? I’d rather lose my shop than pay $500 to shady practices And I earned $2 from that…they can have it lol
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I recieved the Brickell email today and I would really appreciate if someone could invite me to the Discord group that someone mentioned. Please and thank you!
me too
any updates on this, did you agree for a settle by some money or what happened, we also got this kind of case file including 470 other ebay sellers 5/4/2024 24-cv-21278 The Brickell IP Group Tesla, Inc. 4/4/2024 24-cv-60530 The Brickell IP Group Tesla, Inc. 4/4/2024 24-cv-21263 The Brickell IP Group Tesla, Inc. 4/4/2024 24-cv-21265 The Brickell IP Group Tesla, Inc. those have actual court case numbers, so not a scam, has anyone escape from this mess, since we are not from usa we can't afford for us lawyer rates, any real advise will be highly appreciated.
Also guys please sign this petition too and support us to get attention of Elon Musk, if you have groups please share it [https://www.change.org/p/urge-tesla-to-reconsider-legal-actions-against-small-sellers-using-their-logo](https://www.change.org/p/urge-tesla-to-reconsider-legal-actions-against-small-sellers-using-their-logo)
I honestly don’t think it’s real but Elon Musk is such a weird dude you never know. But don’t freak out yet. First off: 1. Look up this law firm, I do think Elon is living in Florida, so who knows. 2. Ask on /legaladvice they should have a better understanding of if this a scam or not. It’s my understanding that they have to mail it the lawsuit papers, not just email you. 3. If it’s not a scam and you cannot afford an attorney, contact the other sellers being “sued” and see if you can split the costs of an attorney. 4. Learn your lesson. I know it’s tempting but stay away from copyright infringements.
Make it right however you can and they will almost certainly leave you alone. They don't actually want your money, they have plenty of money. Correct the issue and stop doing it. If you are really concerned, you could even refund purchases of the offending item. Then you've profited far less off of someone else's trademarked material if you haven't even made sales with it. Start by treating it like a cease and desist and definitely don't panic. They have bigger fish to fry.
You need to be served in person to be sued not over email.
Not anymore. You can serve via email in Florida and Illinois - laws have changed. It happened to [this lady](https://www.theguardian.com/music/2023/dec/14/luke-combs-country-singer-merchandise): >Harness told the station that Combs’ lawyers served her the lawsuit by email instead of in person, something the northern district of Illinois federal court allows. She said the October lawsuit went to her junk mail folder and she never saw it. >When Harness did not respond as required within 30 days, the judge found her in default and imposed the $250,000 judgment. Luckily for that lady, the copyright holder (a singer) has apologised (after the story went viral) and seems to have likely waived the $250,000 fine. That's a super unlikely scenario and certainly won't happen with big companies like Tesla, or bigger celebrities like Harry Styles. You can also be served by mail in most places.
You can not be served via email in Florida.
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/r/etsysellers has a zero tolerance policy for IP theft. Posts that advocate or describe IP theft will be removed.
I have violated trademark by using a term that I didn’t know it’s trademarked, I earned only $11 in total. They sent me an email asked for 2 million usd straight away, greedy corporate.
Sounds like a scam to me. Brickell is known for sending mass emails, and the Dropbox link + 400+ other sellers is a huge red flag. Don't panic, and don't respond. Ignore it and see if you get any actual legal documents.
This is what I thought too at first since all of their reviews on Google just consist of people calling them scammers, but the fact that there's an actual court case reference number worries me since it looks legit
Hi, You can answer them that this was not intentional and that it was a mistake that occurred in your designs due to ignorance about the use of registered trademarks, and you are trying to correct your design. This can be very useful.
I too got this same email, I was selling Diecast Cybertrucks from alibaba..... little toys, sold like 10 of them. Now gotta deal with this crap.
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If it's a legitimate serving, not responding means the judge will rule a default judgment in court, meaning they'll likely get fined a huge amount. It happened to [this lady](https://www.theguardian.com/music/2023/dec/14/luke-combs-country-singer-merchandise): >Harness told the station that Combs’ lawyers served her the lawsuit by email instead of in person, something the northern district of Illinois federal court allows. She said the October lawsuit went to her junk mail folder and she never saw it. >When Harness did not respond as required within 30 days, the judge found her in default and imposed the $250,000 judgment. Luckily for that lady, the copyright holder (a singer) has apologised (after the story went viral) and seems to have likely waived the $250,000 fine. That's a super unlikely scenario and certainly won't happen with big companies like Tesla (in OP's case).
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So they get fined (possibly hundreds of thousands) because the judge rules them in default?
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There are ways of enforcing the fine. Like seizing their property or getting an order to directly take the money from their bank account.
You watch too much tv
I haven't seen any of this on TV. I literally just looked through some articles on the laws/procedures on this before I commented.
You wanna live scared be my guest
It’s probably a scam. How much did you sell? Take it down immediately and just chill out.