Repeat infringement strike removal: what to do, step by step on Etsy

A complaint filed against an Etsy listing can pull it from search results within hours. When that listing is a top earner, the commercial damage starts immediately – not when Etsy issues a formal warning, but the moment the complaint is received and processed. For sellers who already carry one strike, a second complaint targeting another listing can trigger account suspension or permanent closure. The window between receiving a notice and losing the account is narrow, and a weak response made in that window narrows it further.

TL;DRA repeat infringement strike on Etsy is a second (or subsequent) intellectual-property complaint filed against a seller's account under Etsy's Repeat Infringement Policy – a framework derived from the Digital Millennium Copyright Act (DMCA) safe-harbor requirements. Resolving it requires either securing a retraction of the underlying complaint, filing a valid counter-notice, or demonstrating to Etsy that the strike was filed without a proper legal basis. The realistic path depends entirely on the type of IP right asserted, the identity and motivation of the complainant, and what evidence the seller can produce quickly.

This guide walks through the full step sequence: what the strike actually is and how Etsy processes it, how to read the notice correctly, the decision points that govern strategy, the procedural path for retraction and counter-notice, where sellers consistently go wrong on their own, and the questions that determine whether a lawyer's involvement changes the outcome.

What does a repeat infringement strike actually mean on Etsy?

Etsy operates a repeat infringement policy because US law – specifically the safe-harbor provisions of the DMCA – requires platforms to terminate accounts of repeat infringers as a condition of retaining their own immunity from copyright liability. Etsy has extended the same policy logic to trademark complaints received through its IP Portal. The result is a strike system: each upheld complaint adds a strike to the seller's account, and accumulating strikes puts the account at risk of permanent termination.

The first practical question is whether a "strike" under Etsy's policy and a "complaint" are the same thing. They are not always. Etsy distinguishes between complaints it processes and complaints it upholds. A complaint that leads to a listing takedown is typically counted as a strike. A complaint that is resolved through a counter-notice – where the complainant does not file suit within the statutory window and the listing is restored – may or may not remain on the account's strike record, depending on Etsy's current policy application. In matters we handle, the distinction matters enormously because a seller's account health calculation changes depending on whether resolved counter-notices are still held against them.

A repeat infringement strike is therefore a specific account-level marker, not just a listing takedown. The listing can be restored; the strike on the account record is a separate issue that requires its own resolution. Sellers who focus only on getting the listing back – and ignore the strike count – can find themselves suspended several months later when a third-party rights owner files a new complaint against a different listing.

It is also worth stating clearly: a complaint from a brand does not automatically mean the seller did something wrong. In matters we handle, we regularly see complaints filed by automated brand-monitoring tools that flag keyword matches in listing titles, without any human review of the actual product being sold. We also see competitors filing bad-faith complaints to suppress a listing during peak season. The complaint mechanism is accessible to anyone who asserts a rights claim; the burden of proof at the filing stage is low, and errors – and deliberate misuse – are common.

How do you read the complaint notice Etsy sends?

The notice Etsy sends when a complaint is filed contains several pieces of information that govern everything that follows – yet many sellers skim it and respond to the wrong problem.

First, identify the type of IP right asserted. Copyright and trademark complaints travel different procedural paths. A DMCA copyright takedown triggers a specific statutory counter-notice right under US law. A trademark complaint does not trigger the same statutory counter-notice mechanism; the procedural route is instead a retraction request to the complainant or a formal challenge through Etsy's IP Portal. Misidentifying the complaint type is one of the most common and most costly errors sellers make at this stage.

Second, identify the complainant. The notice will name the rights owner who filed the complaint or the agent acting on their behalf. Is it a recognized brand with an active trademark registration? A trademark monitoring service filing on behalf of multiple rights owners? A competitor whose own brand registration is recent or potentially vulnerable? The complainant's identity shapes the retraction strategy. A large brand with a legitimate registration requires a different approach than an automated filing from a brand-monitoring platform that may have acted without proper review.

Third, note exactly which listing or listings were targeted, and what element of those listings was alleged to infringe. Was it the product itself? The title? An image? A design element? The scope of the alleged infringement determines how to structure a factual response and whether the seller has authorization, prior-use, or descriptive-use evidence that is directly relevant.

Fourth, check the current strike count Etsy has recorded for the account. Etsy's Shop Policies section and the Account Health area in Seller Account should reflect this. If the account is already carrying one or more prior strikes, the urgency of the response changes: the account is closer to the threshold at which Etsy may act to suspend or permanently close the shop.

What is the step sequence for repeat infringement strike removal?

Each step below represents a decision point. The sequence is not linear for every seller – the correct path branches depending on the complaint type and the strength of the seller's position.

1. Step 1 – Secure a complete copy of the notice. Screenshot and download the full complaint notice from Etsy, including the complainant name, the specific IP right(s) cited, the listing URL(s) affected, and the timestamp. This is the evidentiary foundation for everything that follows.
2. Step 2 – Assess the complaint for factual accuracy. Does the seller actually have authorization to use the IP in question – a license, a distributor agreement, a first-sale right, or a prior-use position? Is the trademark registration that underpins the complaint registered in a class that actually covers the product? Is the copyright claim directed at content the seller created independently? These questions determine whether the complaint has a factual and legal basis.
3. Step 3 – Assess the complaint for procedural validity. DMCA takedown notices must contain specific statutory elements to be valid: identification of the copyrighted work, identification of the infringing material, contact information, a good-faith statement, and a statement of accuracy under penalty of perjury. A notice that is materially incomplete may be challengeable on its face. Trademark complaints through Etsy's IP Portal also require the complainant to affirm that the information is accurate. Complaints filed by automated tools sometimes contain generic assertions that do not accurately describe the specific listing.
4. Step 4 – Make the retraction decision. If the complaint appears to be inaccurate, bad-faith, or procedurally defective, the first route is typically to contact the complainant directly and request a retraction. This is often more effective, and faster, than a counter-notice, because it bypasses the statutory waiting period. A well-constructed retraction request identifies the specific factual error in the complaint, attaches supporting evidence, and sets out clearly why the complaint does not have a legal basis. In matters we handle, we assess the complaint, gather prior-use and authorization evidence, and push for retraction as the first strategic option when the facts support it.
5. Step 5 – File a counter-notice (for copyright complaints). If the complaint is a DMCA copyright takedown and retraction is not obtainable or not appropriate, the seller has a statutory right to file a counter-notice. A valid counter-notice must contain: the seller's contact information, identification of the material removed, a statement under penalty of perjury that the material was removed by mistake or misidentification, consent to jurisdiction, and the seller's signature. Once a valid counter-notice is filed, the complainant has a defined window under the DMCA – typically 10 to 14 business days – to initiate legal proceedings. If they do not, Etsy is required to restore the listing.
6. Step 6 – Address the strike separately from the listing. Even if the listing is restored through a counter-notice or a retraction, the strike on the account record requires separate attention. The seller should contact Etsy through its IP Portal or Seller Support to request that the strike be removed or reconsidered in light of the resolution. Etsy's policy on removing strikes after a successful counter-notice resolution is not always applied automatically; a specific, documented request is needed.
7. Step 7 – Audit the remaining listings. Once one complaint has been filed against an account, the account is more visible to the same complainant and to monitoring tools that share data. We regularly see follow-on complaints filed against other listings in the same shop within days of the first complaint. A defensive audit of remaining listings – reviewing titles, images, tags, and product descriptions for anything that could be the basis of a further complaint – reduces the risk of additional strikes while the current one is being resolved.

For detailed guidance on how each of these steps applies to a trademark complaint specifically – including the differences between US and EU trademark rights and how they affect a seller's options on a US platform – the complete guide to IP and Brand Registry on online marketplaces covers the full IP dispute landscape for marketplace sellers.

The steps above describe the standard path. Your situation turns on the exact wording of the notice, the account's strike history, and the complainant's identity and motivation – which is what we review first. For a read on your specific position, email info@tutamenlaw.com.

Where does this process go wrong for sellers acting alone?

The most consistent failure point is confusing a copyright complaint with a trademark complaint and filing the wrong response. A counter-notice filed in response to a trademark complaint has no statutory basis; it signals to Etsy and to the complainant that the seller does not understand the mechanism, and it does not restart any statutory clock. It may also contain admissions about the seller's use of the mark that strengthen the complainant's position.

The second major failure is contacting the complainant in a way that creates liability. A seller who contacts a brand directly without understanding what to say – or who argues aggressively without legal grounding – can inadvertently acknowledge infringing use, make statements that are inconsistent with a later counter-notice, or provoke the complainant into escalating to formal litigation. The communication strategy for a retraction request is as important as the factual content of the request.

A third failure is treating the listing restoration as the end of the process. A seller who gets a listing reinstated through a counter-notice but does not address the strike record is still carrying a strike. When the next complaint arrives – from a different brand, six months later – that unresolved strike counts. The account is suspended on the basis of a cumulative record that the seller thought had been resolved.

Consider what happened with a handmade accessories seller on Etsy (winter 2025): they came to us after receiving a second DMCA copyright complaint on an image that their photographer had licensed to them. They had already filed an informal appeal with Etsy and had not received a substantive response. We identified that the original complaint had been filed by a brand-monitoring service that had not reviewed the underlying license documentation, drafted a retraction request with the license and a letter from the photographer attached, and secured a retraction. We then made a documented request to Etsy for removal of both strikes, citing the retraction and the absence of a valid claim. The account remained open.

Sellers handling trademark disputes on other platforms can also face structurally similar challenges. For a close look at the procedural steps specific to Amazon – where the IP complaint and retraction mechanisms differ from Etsy's – responding to a trademark infringement complaint on Amazon US sets out the parallel process in detail.

What are the seller's decision points and trade-offs?

The decision between pursuing retraction and filing a counter-notice is not primarily a procedural choice. It is a strategic one, and it turns on several factors that sellers acting alone often do not have the information to weigh properly.

If the complaint was filed in bad faith – by a competitor, by an automated tool that misidentified the listing, or by a brand whose registration does not actually cover the product category – retraction is usually the better first step. It is faster, it does not require the seller to consent to US federal court jurisdiction (as a counter-notice does), and it avoids the risk of the complainant filing suit in response to the counter-notice.

If the complaint has a colorable legal basis – meaning the complainant has a legitimate registration and the seller's product does use a similar mark or design – the trade-offs shift. A counter-notice in that situation may restore the listing temporarily but expose the seller to a federal lawsuit if the complainant decides to follow through. In that scenario, it may be more advantageous to negotiate a licensing arrangement, a product redesign, or a commercial settlement before the dispute escalates.

If the underlying IP right is questionable – for example, the trademark registration is in a class that arguably does not cover handmade goods sold on Etsy, or the copyright claim is directed at a design that is not sufficiently original to qualify for protection – the seller may have grounds to challenge the validity of the right itself, either through a retraction demand that makes the point explicitly or through a formal proceeding against the registration. These are longer, more resource-intensive routes, but they can be the right choice when the seller's business model depends on the disputed product category.

The DMCA counter-notice, specifically, carries a consent-to-jurisdiction clause: the seller consents to the federal district court of their location. For a seller in a state with no convenient federal courthouse, or for a seller who operates internationally and is concerned about US federal court exposure, this is not a trivial consideration. We work through these trade-offs with sellers before any filing is made.

For sellers whose situation also involves a copyright complaint – where the distinction between copyright and trademark complaints, and the specific rules governing counter-notices, is central to the strategy – the detailed breakdown in inside a copyright infringement complaint: the seller's real options addresses the DMCA mechanics directly.

What should you do right now if you have an active strike?

If a complaint has been filed and a strike is now on the account, three things need to happen quickly and in the right order.

First, do not relist the affected product under a different listing title before the complaint is resolved. Relisting an item that is the subject of an active complaint – even with a modified title – is treated by Etsy as an attempt to circumvent the takedown. This can be the basis for immediate account suspension, independent of the strike count.

Second, review the complaint notice in full before responding to Etsy or to the complainant. A response filed within the first few hours that mischaracterizes the nature of the complaint or makes concessions that are not necessary can foreclose better options later. Taking a day to read the notice carefully and understand the type of right asserted is almost always worth the delay.

Third, gather evidence immediately: the original license or authorization document if one exists; purchase records if the product is sourced from an authorized supplier; the creation history if the product is handmade and the design is original; any prior use of the mark or design that predates the complainant's registration. Evidence gathering degrades over time – suppliers go unresponsive, email threads are archived, photographer contacts change – and acting quickly on documentation preservation makes a material difference to what is available when the retraction request or counter-notice is drafted.

If a first response was already filed and rejected, that does not end the process. In our practice, we see cases where a seller's first attempt was a generic appeal to Etsy's support team that did not engage with the specific legal basis of the complaint. A second, properly constructed approach – directed at the complainant rather than at Etsy, and grounded in the actual evidence – can still reach a retraction even after an initial response failed. If a first appeal or filing already came back rejected, a second read can identify the specific reason it failed and what, if anything, remains open.

To discuss your account's position, email info@tutamenlaw.com.

Related areas

• IP & Brand Registry – complete guide for marketplace sellers – the full landscape of IP disputes across Amazon, Etsy, eBay and Walmart
• IP & Brand Registry practice – retraction, counter-notice, APEX, and trademark defense for online sellers

Frequently asked questions

How long does resolving repeat infringement strike removal usually take on Etsy?

The timeline depends almost entirely on the route taken and whether the complainant cooperates. A retraction negotiated directly with a complainant who filed in error can resolve in several days to a couple of weeks. A DMCA counter-notice triggers a statutory waiting period – typically around 10 to 14 business days after the complainant receives the counter-notice – before the listing is eligible for reinstatement. If the complainant does not file suit in that period, Etsy should restore the listing. Strike removal from the account record then requires a separate documented request, which can add additional time. Disputed matters that involve a complainant who is not willing to retract and who may have a colorable legal position take longer, as they may require negotiation or a formal proceeding. In matters we handle, we aim to identify the fastest viable route at the outset and map the realistic timeline before any filing is made.

What are the main risks if I handle repeat infringement strike removal alone?

The primary risks are filing the wrong type of response – most often a counter-notice for a trademark complaint, where no statutory counter-notice right exists – and making statements in communications with the complainant that can be used against the seller later. A seller who contacts a brand's legal team without understanding the legal basis of the complaint can inadvertently acknowledge infringing use or waive defenses. There is also the risk of treating a listing reinstatement as a complete resolution while a strike remains on the account record, leaving the account vulnerable to suspension if a further complaint is received. Finally, a counter-notice that is factually inaccurate can expose the seller to a perjury allegation; the counter-notice is filed under penalty of perjury, and its contents must be accurate.

Do I need a lawyer for repeat infringement strike removal?

Not in every case. If the complaint was clearly filed in error – for example, against a listing that has no connection to the asserted IP right – and the seller can document that clearly, a self-filed retraction request or counter-notice may be sufficient. A lawyer becomes significantly more valuable when the account carries prior strikes, when the complainant has a legitimate or potentially legitimate rights claim, when a counter-notice would expose the seller to US federal court jurisdiction, or when the commercial value of the account or the affected listings makes the cost of an error high. Etsy's repeat infringement policy means that errors in handling one complaint can affect the account's entire standing – which changes the risk calculation compared to handling a single listing takedown on a healthy account. Our work is attorney-led and confidential, with fixed fees quoted up front after a short review, so the cost of getting professional input early is predictable.

About Tutamen

Tutamen is an independent law firm for online marketplace sellers. We represent Amazon, Walmart, Etsy and eBay sellers in account deactivations, frozen-funds recovery, intellectual-property disputes, arbitration and Notices of Dispute, and US federal Schedule A defense, plus EU marketplace regulation. Our work is attorney-led and confidential, with fees quoted up front. We act for founders, brand owners and in-house teams who need a specialist for a marketplace dispute. Our IP practice covers complaint retraction, DMCA counter-notices, trademark takedown challenges, and Brand Registry disputes across all surfaces we represent. To discuss your situation, email info@tutamenlaw.com.

By Priya Raman – IP & Brand Registry analyst, Tutamen.

Published August 31, 2026.

Disclaimer: This article is general information, not legal advice, and does not create an attorney-client relationship. Marketplace policies and the law change, and every account and case is different. For advice on your situation, contact Tutamen at info@tutamenlaw.com.