Checklist for Response to Shopify for Copyright or Trademark Infringement

Oct 19, 2023 | Resale Resource Library

 

Checklist for Response to Shopify for Copyright or Trademark Infringement for a Resale Business 

 

☐  Introduction: 

    • Start with a professional and courteous introduction to your response, addressing the issue of copyright or trademark infringement raised by Shopify. 

 

☐ Business Name and Commitment to Standards: 

    • Clearly state your business name and express your commitment to maintaining transparency and compliance with legal and ethical standards. 

 

☐ Nature of Your Business & Sourcing: 

    • Explain that your business specializes in offering pre-owned luxury goods. 
    • Mention that all products are brought to you by individuals willing to sell their pre-used items. 

 

☐ Authentication Standards & Processes: 

    • Describe your rigorous authentication process. 
    • Mention that you utilize an authentication service (such as Entrupy) to guarantee the authenticity and quality of the luxury goods you provide. 

 

☐ Resale Business Model: 

    • Explain your business model, you can compare it to well-known platforms like The Real Real and ThredUP for legitimacy.  
    • Emphasize your dedication to saving the planet through the resale of eco-friendly furniture & fashion.

 

☐ Consignor & Supplier Contracts: 

    • Describe the legal agreements you have in place with consignors & suppliers. 
    • Explain your consignment or BOR process.  
    • Explain that these contracts grant you explicit rights to sell their pre-owned items.  

 

☐ Trademark Compliance: 

    • Confirm your acknowledgment of the importance of trademark compliance. 
    • State that you have policies and practices in place to ensure each product page and each product for sale is branded with the necessary wording to indicate that you sell used goods. 

 

☐ Transparency: 

    • Highlight your dedication to transparency in all aspects of your business. 
    • Explain that each product listing includes detailed information about the item’s condition, age, and signs of wear. 
    • Mention that you provide high-quality images to assist customers in making informed purchasing decisions. 

 

☐  Customer Satisfaction: 

    • State your commitment to customer satisfaction. 
    • Describe your return policy to ensure a great shopping experience. 
    • Provide links to your Google Reviews and direct their attention to your Yelp page. 

 

☐ Compliance Documentation: 

    • Include documents such as your Driver’s License, EIN (Employer Identification Number), ReSellers License, Contracts or Account Numbers with Authentication Companies.   

 

☐ Reiterate Commitment: 

    • Reiterate your commitment to legality, transparency, and respecting consignors’, shoppers’, and brands’ rights.  
    • Emphasize that your business operates with integrity, delivering a trustworthy experience for all Consignors, Shoppers, and Suppliers.  

 

☐ Gratitude: 

    • Thank Shopify for bringing the matter of trademark infringement to your attention. 
    • Express your willingness to cooperate and resolve any issues in a compliant and professional manner. 

 

Below is an original letter and an outline of documentation supplied to Shopify by Jennifer Johnson, Owner of True Fashionistas in Naples, FL upon receiving a notice from Shopify that an item she had for sale on her website was allegedly in violation of their policies as it was believed to be a copyright infringement. (It was a $45 dress.)  

Jennifer took this matter seriously knowing full well that it might just be a $45 dress today, but it could escalate to something bigger down the line if she didn’t respond in full force (nicely.) After a few texts back and forth between us, Jennifer crafted what I think is an exemplary response:  

 

At True Fashionistas we are committed to maintaining transparency and ensuring compliance with all relevant legal and ethical standards. Below is a disclaimer outlining our practices, which we believe will address the issues raised in your trademark infringement notice: 

 

  1. Pre-Owned Goods:

True Fashionistas specializes in offering a curated selection of pre-owned luxury goods to our esteemed customers. All the products we sell have been consigned to us by individuals who have voluntarily chosen to sell their pre-used merchandise. 

 

  1. Authentication Process:

To guarantee the authenticity and quality of the luxury goods we provide, True Fashionistas utilizes the Entrupy authentication service. This rigorous process ensures that all the items we offer are genuine and meet the high standards associated with luxury brands. 

 

  1. Business Model:

Our small business operates on a business model akin to well-known platforms such as The Real Real and ThredUP. We are dedicated to offering sustainable and eco-friendly fashion alternatives while exclusively dealing in pre-owned luxury goods. 

 

  1. Consignor Contracts:

Before any merchandise is listed for sale, True Fashionistas requires consignors to enter into legally binding contracts with us. These agreements grant us explicit rights to sell their pre-used merchandise and lay out the terms and conditions of the consignment. We take considerable care to ensure that consignors fully understand these terms before consigning their items to us. 

 

  1. Trademark Compliance:

We acknowledge the importance of trademark compliance and will have each product page branded with the wording about how we sell used goods. 

 

  1. Transparency:

True Fashionistas is dedicated to transparency in all aspects of our business. Each product listing includes detailed information about the item’s condition, age, and any signs of wear. High-quality images are provided to assist customers in making informed purchasing decisions. 

 

  1. Customer Satisfaction:

We prioritize customer satisfaction and offer a reasonable return policy to ensure a seamless shopping experience. Our customer support team is readily available to address any inquiries or concerns. 

 

By reviewing this disclaimer, we aim to demonstrate our commitment to legality, transparency, and respect for consignors’ rights. True Fashionistas operates with integrity and places great importance on delivering a trustworthy and enjoyable shopping experience for our valued customers. 

 

We thank you for bringing the matter of trademark infringement to our attention. 

 

I then added my Drivers License, Secondhand User License, EIN number, and Entrupy account number.      

 

A special thank you to Jennifer Johnson, Founder of True Fashionistas for her contributions and for letting us reprint her letter to Shopify.