Free template

Etsy Counter-Notice

A counter-notice is a sworn statement that an IP complaint against your listing was mistaken — that you own or license the material. Etsy forwards it to the complainant, who then has roughly 10–14 business days to file a court action; otherwise your listing can be restored. Read the warning below before using this: a counter-notice is a legal declaration, not an appeal button.

When to use this template

  • Your listing was deactivated by an IP report and you genuinely created, own, or license the reported material
  • You can back it up: source files, dated drafts, license receipts, your own photos
  • Do NOT file as a bluff — it's signed under penalty of perjury, discloses your contact details, and invites a lawsuit if you're wrong

The template

COUNTER-NOTICE PURSUANT TO 17 U.S.C. § 512(g)

Date: [DATE]
To: Etsy Legal — Intellectual Property

I am the seller operating the Etsy shop [SHOP NAME]. I am filing this counter-notice in response to the intellectual property complaint that resulted in the removal of the following listing(s):

- [REMOVED LISTING URL / LISTING TITLE]
- Etsy notice reference: [REFERENCE NUMBER FROM ETSY'S EMAIL, IF PROVIDED]

1. IDENTIFICATION OF REMOVED MATERIAL
[DESCRIBE WHAT WAS REMOVED — e.g., "A listing for a hand-painted floral art print, including five product photographs I took and description text I wrote."]

2. STATEMENT OF GOOD FAITH
I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification. Specifically: [EXPLAIN — e.g., "I am the original creator of the artwork and photographs in this listing. Attached/available: layered source files dated before the complainant's claimed work, original camera files with metadata, and my first-publication record."]

3. CONSENT TO JURISDICTION
I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or, if outside the United States, any judicial district in which Etsy may be found), and I will accept service of process from the person who filed the original complaint or their agent.

4. STATEMENT UNDER PENALTY OF PERJURY
I swear, under penalty of perjury, that the information in this counter-notice is accurate.

Name: [YOUR FULL LEGAL NAME]
Address: [YOUR MAILING ADDRESS]
Email: [YOUR EMAIL]

/s/ [YOUR FULL LEGAL NAME]
[DATE]

Replace every [BRACKETED] placeholder and delete sections that don't apply. This is a template, not legal advice.

How to use it

  1. 1

    Gather evidence first

    Source files with creation dates, license receipts, camera metadata. You may not be asked to attach them immediately, but you're swearing they exist — and you'll need them if the complainant escalates.

  2. 2

    Submit through Etsy's process

    Follow the counter-notice instructions in Etsy's removal email. The notice goes to Etsy, which forwards it to the complainant.

  3. 3

    Wait out the clock

    If the complainant doesn't file a court action within roughly 10–14 business days, Etsy can restore the listing. If they contact you directly to resolve it, a withdrawal of the original complaint is the fastest path back.

Frequently asked questions

Is filing a counter-notice risky?

It carries real legal weight: you're swearing under penalty of perjury, consenting to court jurisdiction, and handing the complainant your contact details. If you truly have the rights, that risk is small. If you're unsure, resolve directly with the complainant or consult a lawyer first.

Can I just relist the item instead?

No — relisting reported content unchanged typically counts as a fresh violation and accelerates you toward shop suspension under Etsy's repeat-infringer policy.

What if the complaint was a competitor weaponizing reports?

File the counter-notice with your evidence and separately report the pattern to Etsy. Knowingly false complaints violate 17 U.S.C. § 512(f) and expose the filer to damages.

Related guides

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