ST. JOHNS COUNTY, Fla. – Online retailers Amazon and Etsy have pulled listings posted on their site which sell merchandise using the name and picture of St. Johns County teen murder victim Tristyn Bailey.
The News4Jax I-TEAM reached out to representatives at both companies Thursday after learning that third-party vendors used their platforms to sell a poster with Bailey’s missing persons flyer and T-Shirts with her name. By Friday morning, the listings were gone and one of the sellers apologized.
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The 13-year-old cheerleader was stabbed to death near her home in May, the St. Johns County Sheriff’s Office said. Investigators have charged her schoolmate, 14-year-old Aiden Fucci, with first-degree murder. He’s pleaded not guilty and is awaiting trial.
Bailey’s death affected people across the world who followed the case, with millions learning her name and thousands sending condolences to her family and friends.
After getting a news tip from a viewer, the News4Jax I-TEAM discovered posts where some people appear to be trying to make money off the slain teen’s name and picture.
An Amazon posting from a third-party seller in China. They were selling the original missing person’s flyer from the St. Johns County Sheriff’s Office as a poster. It’s pictured above a living room. The price? $12 to $35 depending on the size, plus shipping.
The I-TEAM spoke to Bailey’s mother, father and sister. They said they were upset and “floored” that someone would try to profit off her tragic death, and they said this isn’t the only case.
They pointed out an Etsy posting from a seller in Atlanta. The $21 shirt says “Her fight is my fight” with Tristyn Bailey’s name in an aqua ribbon. The teen’s family said they didn’t authorize it and none of the proceeds are going to the foundation they’re building in her honor. The seller has similar products with names from people fighting diseases, with no mention of permission or giving proceeds back in their honor.
News4Jax consulted with Jacksonville attorney Lauren Prater, who said there’s definitely legal grounds to fight the websites and the vendors in cases like these.
“To have somebody do this for their own personal monetary gain is sick,” said Prater. “This is a young child, and I really hope there’s an immediate end put to these actions.”
Prater said Bailey’s family could filed a cease and desist against the companies involved.
If a cease and desist is sent and ignored, “Game on, it’s lawsuit time. That’s it at that point, then it’s get the lawyers up, get the team ready and a lawsuit is going to be filed.” said Prater. “And at that point, the people that are doing this, they’re going to be subject to the courts.”
Bailey’s family said they want her name used for good and that there are plenty of ways to do that. Simple things, like rocks painted with her name. The family is also suggesting donations to her memorial fund, which will go back to the community.
The Bailey family released a statement to News4Jax on Thursday afternoon. It reads:
“We would like to once again thank the community for their support, thoughts and prayers as we go through the heartbreaking loss of Tristyn. Again, we really appreciate that you are helping to address these situations where people are trying to profit from her name.”
A representative for Etsy responded that the company does not comment on specific pages or listings, but “the family can use our online reporting form to report a violation of rights related to right of publicity, name and likeness.” Bailey’s family members said they did that. Friday morning, the T-Shirt listing was removed from the seller’s profile. It was unclear if the seller agreed to remove it or if Etsy took it down.
Friday afternoon, the Etsy user selling the T-Shirt with Tristyn’s name responded: “It was brought to my attention that a T-shirt I made was hurtful to the family of Tristyn Bailey. It was never my intention to cause them grief in any way, for that I apologize.”
She went on to say she would be donating proceeds to the family’s charity fund in Bailey’s honor. News4Jax is not naming the Etsy user or her business.
A spokesman for Amazon called the I-TEAM Thursday evening saying the company is reviewing the item and it’s very likely that it will be removed. He said he was taking the Bailey family’s concerns very seriously.
Friday morning, the third-party seller’s link had been removed from Amazon. The company’s website includes its policy on intellectual property: https://sellercentral.amazon.com/gp/help/external/201361070
Bailey’s parents told News4Jax they were pleased the listings had been taken down after the I-TEAM’s initial story.
Bailey’s family is building a foundation in her honor, which will support causes important to her in the community.
They also have an official fund set up in her honor: https://www.jaxcf.org/give/memorial-page---tristyn-bailey
Additionally, they said they appreciate the ribbons, rocks and posts in her honor.