We sell Kid T shirts on Etsy. We had assumed that if we change an item, such as a Minion by 10% we would still be able to list it. However we have been hit by an infringement notice from Gerber Childrenswear Inc. Now they shut down 57 of our items. My
questions are as follows. 1. Can Gerber really have the rights to an incredible vast amount of items ranging from Mickey mouse, Minion, Elmo from Sesame Street, Lightning McQueen, Toy Story alien, a simple snowman, a pumpkin face and many more? 2. Can they
have the rights to ridiculously common homemade items they shut down. Such as a shirt with a simple 2 on it. Or a shirt with a spider hanging from a web. Or a Ghost that has a BOO under it. Or a shirt with a simple soccer ball. 3. Shirts that are copyright
such as cookie monster have been changed by us. I read about Deriviative works of copyrighted materials such as the Mona Lisa that a mustache was added to in order to use it. Can we change the cookie monster enough for example that we could have a deriviative
works copyright so basically no one can touch us. Where we could pay money to somehow have a deriviative copyright on our changed cookie monster so if we get hit with a copyright or get taken to court, screw you we have this so you can't touch us basically?
4. Gerber made the accusations on us put in the enfringment notice. WE can submit a DMCA
counter notice (Digital Millennium Copyright Act) to counter their engringement. HOWEVER, Etsy puts fear in that saying If you have a good faith belief that a notice of
infringement involved a misidentification or mistake, you may consider submitting a DMCA counter notice. Please note that filing a counter notice may have legal implications. If you have questions about whether filing a counter notice is appropriate, you may
consider seeking advice from an expert such as an attorney. Basically saying if they don't reply to our counter notice within 10 days then our listing would go back up. However the other option is they would be informing of a court order against us. So it
appears that by doing the DMCA either 1. they will not reply or 2. we just opened a can of worms and now we are going to court. Is that correct there are only 2 options at that point? 5. If we do the DMCA only about the obvious dumb things like the 2 shirt
and the spider hanging from a web could they reply to the DMCA of those specific items and take us to court on the other items. Or could they only take us to court on the specific items we have in the DMCA. 6. At this point we want to fight this, we hate working
in fear and are wondering how much money you would estimate getting a real lawyer to help us be protected would cost. Is it even possible with our changed copyrighted items such as cookie monster or monsters inc sully to change it enough and get some type
of protection that we can list that item? ALSO can we have protection that YES WE CAN post a shirt that simply has a 2 on it for example.