Volkswagen Copyright Infringement Dispute

Summary

The user is an Etsy shop owner who received a copyright infringement notice from Volkswagen for selling a photograph featuring a VW bus. The user took the photograph themselves in a public place, and the VW bus was the main subject. The photograph was intended for commercial use in the users shop. The user did not have permission or a license from Volkswagen to use their product in the photograph. The user has reached out to Volkswagen but has not received a response. The user is considering filing a counter-notice with Etsy and is seeking advice on how to do so.

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Copyright infringement
Could you please provide more details about the copyright infringement issue? Are you the copyright holder or the alleged infringer?
I have a shop on Etsy. I am a photographer who has a wide range of public photographs. Volkswagen sited a copyright infringement of a picture since it featured a VW bus.
Did you take the photograph yourself or did you use someone else's photograph?
Myself
What was the context of the photograph? Was it taken in a public place or a private property?
Public plac
Was the VW bus the main subject of your photograph or was it incidental to the scene?
main subject
What was the purpose of the photograph? Was it for commercial use or personal use?
To sell in my shop
Did you have any sort of permission or license from Volkswagen to use their product in your photograph for commercial purposes?
no
What was the specific reason Volkswagen gave for the copyright infringement claim?
Infringement of Volkswagen's intellectual property
What was the exact content of the infringement notice you received from Volkswagen?
Infringement of Volkswagen's intellectual property
What was the exact wording of the infringement notice you received from Volkswagen?
Volkswagen Aktiengesellschaft Intellectual Property T1 Bus - 3D Shape trademark Trademark registration number: * Trademark jurisdiction: WIPO Trademark Registration: registered Trademark application classes: *, *, *, *, *, *, *, *, *, *, *
What actions have you taken since receiving the infringement notice from Volkswagen?
Reached out to Volkswagen
What was Volkswagen's response when you reached out to them?
None
What was the content of your message when you reached out to Volkswagen?
Dear Sir/Madame: Please help me understand how a picture of a VW bus is a trademark violation? I am not selling my product as a VW product nor is the picture labeled as a VW product. I am a photographer who takes pictures of items in public. You are hurting my very small business while there are countless listings actually selling VW objects. Please respond.
What was the response from Etsy when you received the infringement notice from Volkswagen?
none
What is your location? This will help me provide more accurate information regarding copyright laws in your area.
Alabama
What was the date when you received the infringement notice from Volkswagen?
*/*/*
What was the date when you posted the photograph for sale on Etsy?
*/*/*
What was the date when you received the response from Volkswagen?
no response
What was the exact wording of the infringement notice you received from Volkswagen?
Etsy received a report of trademark infringement from Volkswagen Aktiengesellschaft alleging that certain content in your Etsy shop infringe their intellectual property. When a complaining party submits a report of alleged infringement that complies with our policies, we are required to remove the content cited in the report in accordance with our Intellectual Property Policy. Learn more about how Etsy handles these types of reports . Etsy deactivated the * listing specified as infringing in the report and refunded the listing fees. We may also place a reserve on your Payment account for 90 days as a precaution, in accordance with the Etsy Payments Policy. Throughout this period, funds from orders placed with your shop will become available for deposit when an order is shipped with tracking information showing the item is in transit or 45 days from each sale date, whichever is earlier. Sellers in certain regions can buy shipping labels directly on Etsy that include tracking. Etsy is not able to access tracking events for some carriers. If we can't determine if an order is in transit, the reserved funds will become available 45 days after the sale. The reserve will be removed from your Payment account in 90 days, unless there are additional policy infractions in your account. Learn more about Payment account reserves. The complaining party identified exactly which listings infringe their intellectual property; this decision was not made by Etsy. If you have questions about the report, please contact David Thomson (infringements.vw@netnames.com), the authorized representative of Volkswagen Aktiengesellschaft who provided Etsy with the report. Etsy is not in a position to speak on behalf of the complaining party and cannot provide legal advice. If you have legal questions, you may wish to speak with an attorney. Do not create additional listings for this content unless the issue is resolved with the other party. Repeat notices of infringement may result in the permanent suspension of selling privileges. Below is the information provided in the report: Volkswagen Aktiengesellschaft Representative's Information Name: David Thomson Company: NetNames Brand Protection Limited (a CSC company) Email: infringements.vw@netnames.com Volkswagen Aktiengesellschaft Intellectual Property T1 Bus - 3D Shape trademark Trademark registration number: * Trademark jurisdiction: WIPO Trademark Registration: registered Trademark application classes: *, *, *, *, *, *, *, *, *, *, * Infringing material reported https://www.etsy.com/listing/*/sale-hippie-bus-set-of-*-prints-gulf Thank you, Etsy Legal
Have you considered seeking legal advice from an attorney who specializes in intellectual property law?

In general, trademark infringement occurs when a person uses a trademarked product in a way that could confuse consumers about the source of the product. However, the specifics can vary.
Yes
What was the advice given by the attorney who specializes in intellectual property law?
i have not spoken to one yet
What steps have you taken to resolve this issue with Volkswagen since you received the infringement notice?
Sent a response to Volkswagen
What was the content of your response to Volkswagen?
Little Lush Life *:* AM (* minutes ago) to infringements.vw Dear Sir/Madame: Please help me understand how a picture of a VW bus is a trademark violation? I am not selling my product as a VW product nor is the picture labeled as a VW product. I am a photographer who takes pictures of items in public. You are hurting my very small business while there are countless listings actually selling VW objects. Please respond. Thank You, ****Ahmed
What was the response from Volkswagen to your email?
none
none
What was the response from Etsy when you received the infringement notice from Volkswagen?
none
What was the advice given by the attorney who specializes in intellectual property law?
I dont have an attorney
What specific legal advice are you seeking regarding this issue?
What I need to do next
What steps to take next
Have you considered filing a counter-notice to the infringement claim with Etsy? This could potentially reinstate your listing if Volkswagen doesn't respond within a certain timeframe.
Yes, I am unsure how to do that
To file a counter-notice with Etsy, you need to follow their procedure outlined in their Intellectual Property Policy. Have you read and understood the policy?
I have read it. I'm on shaky ground as far as understanding
What part of Etsy's Intellectual Property Policy are you having trouble understanding?
the dmca notice
What specific part of the DMCA notice are you finding difficult to understand?
I'm confused as to re-list if there is no response from Etsy or Volkswagen
What was the date when you filed the counter-notice with Etsy?
I'm going to file today
What information are you planning to include in your counter-notice?
This is what Etsy requires:
What is the specific content you plan to include in your counter-notice to Etsy?
Your signature, which may be provided electronically by typing your name Identification of the material that has been removed or to which access has been disabled. For listings, please provide the Etsy listing URL to each item before it was removed or disabled A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material Your name, address, telephone number, and email address. A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Etsy is located, and that you will accept service of process from the person who provided the original notification or an agent of such person
What was the response from Etsy when you submitted your counter-notice?
I will s
What was the date when you submitted the counter-notice to Etsy?
I will submit today
What is the specific content of the photograph that you believe does not infringe on Volkswagen's intellectual property?
A retro VW bus
What was the context in which the VW bus was photographed?
On the street while it was parked
What was the response from Etsy after you submitted your counter-notice?
have not submitted yet
What was the specific reason given by Volkswagen for claiming that your photograph infringes their intellectual property?
No specific reason
What was the specific content of the infringement notice you received from Volkswagen?