Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello: my name is ***** ***** I am happy to help you today. A copyright covers copy and designs and the link you provided is a copyright covering "I drink and I do things" which I understand is the basis of the infringement letter. Did Etsy remove your listing because of the infringement allegation or is this just a letter from the copyright holder claiming infringement? I am available to discuss this by phone as well if you prefer and will offer a phone call next.
In reference to copyright protection, to prove infringement they would have to prove they own the copyright on the copy meaning they were using it first in commerce before you and also that your use is the same as theirs. Here, it appears your use would be an infringement but the copyright filing claims first use in 2016 so if you can show you were using it before them it is your copyright and you can not only defeat the claim but take over ownership of the copyright and make them stop using it.